Security Council resolution 1888 (2009) [on sexual violence against women and children in situations of armed conflict]
Symbol: S/RES/1888(2009)
Date: 2009-09-30
Status: adopted
Agenda: S/64 [187] CHILDREN IN ARMED CONFLICTS
S/64 [189] CIVILIAN PERSONS--ARMED CONFLICTS
S/64 [201] WOMEN IN ARMED CONFLICTS
Subjects: UN. Special Representative of the Secretary-General on Sexual Violence in Conflict|UN System|UN. Security Council > Resolutions and decisions|UN. Security Council. Working Group on Children and Armed Conflict|UN. Team of Experts Established pursuant to Security Council Resolution 1888 (2009)|UN. Peacebuilding Commission|UN Emergency Relief Coordinator|UN High Commissioner for Human Rights|UN. Human Rights Council. Special Rapporteur on Violence against Women and Girls, its Causes and its Consequences|UN Action against Sexual Violence in Conflict|SEX CRIMES|CIVILIAN PERSONS|WOMEN IN ARMED CONFLICTS|CHILDREN IN ARMED CONFLICTS|RESPONSIBILITY TO PROTECT|GENDER-BASED VIOLENCE|HUMAN RIGHTS IN ARMED CONFLICTS|HUMAN RIGHTS VIOLATIONS|SPECIAL REPRESENTATIVES|INTER-AGENCY COOPERATION|INFORMATION EXCHANGE|LAW REFORM|INTERNATIONAL LAW|CRIMINAL JUSTICE|CRIMINAL INVESTIGATION|MILITARY PERSONNEL|INTERNATIONAL HUMANITARIAN LAW|IMPUNITY|GROUPS OF EXPERTS|RULE OF LAW|JUDICIAL SYSTEM|MEDIATION|SECURITY SECTOR REFORM|WITNESSES|RIGHT TO A FAIR TRIAL|CAPACITY BUILDING|ACCOUNTABILITY|CRIME VICTIMS|COUNTRY TEAMS|LAW ENFORCEMENT|SANCTIONS|RAPE|PEACEKEEPING OPERATIONS|CRIME PREVENTION|ADVISORY SERVICES|HEALTH CARE DELIVERY|JUDICIAL ASSISTANCE|RURAL AREAS|FIELD VISITS|WOMEN'S ORGANIZATIONS|SOCIAL INTEGRATION|REGIONAL ORGANIZATIONS|POST-CONFLICT RECONSTRUCTION|PEACEBUILDING|WOMEN|DECISION-MAKING|NEGOTIATION|CEASEFIRES|POLICE|TECHNICAL COOPERATION|TROOP-CONTRIBUTING STATES|TRAINING PROGRAMMES|GENDER MAINSTREAMING|RESOURCES ALLOCATION|DEVELOPMENT STRATEGIES|REPORT PREPARATION|HUMAN RIGHTS MONITORING|FOCAL POINTS|RESIDENT COORDINATORS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

                United Nations                                                                   S/RES/1888 (2009)*
                Security Council                                                 Distr.: General
                                                                                 30 September 2009




                Resolution 1888 (2009)
                Adopted by the Security Council at its 6195th meeting,
                on 30 September 2009

                     The Security Council,
                      Reaffirming its commitment to the continuing and full implementation of
                resolutions 1325 (2000), 1612 (2005), 1674 (2006), 1820 (2008) and 1882 (2009)
                and all relevant statements of its President,
                      Welcoming the report of the Secretary-General of 16 July 2009 (S/2009/362),
                but remaining deeply concerned over the lack of progress on the issue of sexual
                violence in situations of armed conflict in particular against women and children,
                notably against girls, and noting as documented in the Secretary-General’s report
                that sexual violence occurs in armed conflicts throughout the world,
                     Reiterating deep concern that, despite its repeated condemnation of violence
                against women and children including all forms of sexual violence in situations of
                armed conflict, and despite its calls addressed to all parties to armed conflict for the
                cessation of such acts with immediate effect, such acts continue to occur, and in
                some situations have become systematic or widespread,
                     Recalling the commitments of the Beijing Declaration and Platform for Action
                (A/52/231) as well as those contained in the outcome document of the twenty-third
                Special Session of the United Nations General Assembly entitled “Women 2000:
                Gender Equality, Development and Peace for the Twenty-First Century”
                (A/S-23/10/Rev.1), in particular those concerning women and armed conflict,
                      Reaffirming the obligations of States Parties to the Convention on the
                Elimination of All Forms of Discrimination against Women, the Optional Protocol
                thereto, the Convention on the Rights of the Child and the Optional Protocols
                thereto, and urging states that have not yet done so to consider ratifying or acceding
                to them,
                     Recalling that international humanitarian law affords general protection to
                women and children as part of the civilian population during armed conflicts and
                special protection due to the fact that they can be placed particularly at risk,




            * Reissued for technical reasons on 22 June 2010.


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S/RES/1888 (2009)


                     Recalling the responsibilities of States to end impunity and to prosecute those
               responsible for genocide, crimes against humanity, war crimes and other egregious
               crimes perpetrated against civilians, and in this regard, noting with concern that
               only limited numbers of perpetrators of sexual violence have been brought to
               justice, while recognizing that in conflict and in post conflict situations national
               justice systems may be significantly weakened,
                     Reaffirming that ending impunity is essential if a society in conflict or
               recovering from conflict is to come to terms with past abuses committed against
               civilians affected by armed conflict and to prevent future such abuses, drawing
               attention to the full range of justice and reconciliation mechanisms to be considered,
               including national, international and “mixed” criminal courts and tribunals and truth
               and reconciliation commissions, and noting that such mechanisms can promote not
               only individual responsibility for serious crimes, but also peace, truth, reconciliation
               and the rights of the victims,
                     Recalling the inclusion of a range of sexual violence offences in the Rome
               Statute of the International Criminal Court and the statutes of the ad hoc
               international criminal tribunals,
                    Stressing the necessity for all States and non-State parties to conflicts to
               comply fully with their obligations under applicable international law, including the
               prohibition on all forms of sexual violence,
                     Recognizing the need for civilian and military leaders, consistent with the
               principle of command responsibility, to demonstrate commitment and political will
               to prevent sexual violence and to combat impunity and enforce accountability, and
               that inaction can send a message that the incidence of sexual violence in conflicts is
               tolerated,
                    Emphasizing the importance of addressing sexual violence issues from the
               outset of peace processes and mediation efforts, in order to protect populations at
               risk and promote full stability, in particular in the areas of pre-ceasefire
               humanitarian access and human rights agreements, ceasefires and ceasefire
               monitoring, Disarmament, Demobilization and Reintegration (DDR), Security
               Sector Reform (SSR) arrangements, justice and reparations, post-conflict recovery
               and development,
                     Noting with concern the underrepresentation of women in formal peace
               processes, the lack of mediators and ceasefire monitors with proper training in
               dealing with sexual violence, and the lack of women as Chief or Lead peace
               mediators in United Nations-sponsored peace talks,
                     Recognizing that the promotion and empowerment of women and that support
               for women’s organizations and networks are essential in the consolidation of peace
               to promote the equal and full participation of women and encouraging Member
               States, donors, and civil society, including non-governmental organizations, to
               provide support in this respect,
                     Welcoming the inclusion of women in peacekeeping missions in civil, military
               and police functions, and recognizing that women and children affected by armed
               conflict may feel more secure working with and reporting abuse to women in
               peacekeeping missions, and that the presence of women peacekeepers may
               encourage local women to participate in the national armed and security forces,



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           thereby helping to build a security sector that is accessible and responsive to all,
           especially women,
                 Welcoming the efforts of the Department of Peacekeeping Operations to
           develop gender guidelines for military personnel in peacekeeping operations to
           facilitate the implementation of resolutions 1325 (2000) and 1820 (2008), and
           operational guidance to assist civilian, military and police components of
           peacekeeping missions to effectively implement resolution 1820 (2008),
                 Having considered the report of the Secretary-General of 16 July 2009
           (S/2009/362) and stressing that the present resolution does not seek to make any
           legal determination as to whether situations that are referred to in the Secretary-General’s report are or are not armed conflicts within the context of the Geneva
           Conventions and the Additional Protocols thereto, nor does it prejudge the legal
           status of the non-State parties involved in these situations,
                 Recalling the Council’s decision in resolution 1882 of 4 August 2009
           (S/RES/1882) to expand the Annexed list in the Secretary General’s annual report
           on Children and Armed Conflict of parties in situations of armed conflict engaged in
           the recruitment or use of children in violation of international law to also include
           those parties to armed conflict that engage, in contravention of applicable
           international law, in patterns of killing and maiming of children and/or rape and
           other sexual violence against children, in situations of armed conflict,
                Noting the role currently assigned to the Office of the Special Adviser on
           Gender Issues to monitor implementation of resolution 1325 and to promote gender
           mainstreaming within the United Nations system, women’s empowerment and
           gender equality, and expressing the importance of effective coordination within the
           United Nations system in these areas,
                Recognizing that States bear the primary responsibility to respect and ensure
           the human rights of their citizens, as well as all individuals within their territory as
           provided for by relevant international law,
                 Reaffirming that parties to armed conflict bear the primary responsibility to
           take all feasible steps to ensure the protection of affected civilians,
                Reiterating its primary responsibility for the maintenance of international
           peace and security and, in this connection, its commitment to continue to address
           the widespread impact of armed conflict on civilians, including with regard to
           sexual violence,
                 1.   Reaffirms that sexual violence, when used or commissioned as a tactic of
           war in order to deliberately target civilians or as a part of a widespread or
           systematic attack against civilian populations, can significantly exacerbate
           situations of armed conflict and may impede the restoration of international peace
           and security; affirms in this regard that effective steps to prevent and respond to
           such acts of sexual violence can significantly contribute to the maintenance of
           international peace and security; and expresses its readiness, when considering
           situations on the agenda of the Council, to take, where necessary, appropriate steps
           to address widespread or systematic sexual violence in situations of armed conflict;
                 2.    Reiterates its demand for the complete cessation by all parties to armed
           conflict of all acts of sexual violence with immediate effect;



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                     3.   Demands that all parties to armed conflict immediately take appropriate
               measures to protect civilians, including women and children, from all forms of
               sexual violence, including measures such as, inter alia, enforcing appropriate
               military disciplinary measures and upholding the principle of command
               responsibility, training troops on the categorical prohibition of all forms of sexual
               violence against civilians, debunking myths that fuel sexual violence and vetting
               candidates for national armies and security forces to ensure the exclusion of those
               associated with serious violations of international humanitarian and human rights
               law, including sexual violence;
                     4.   Requests that the United Nations Secretary-General appoint a Special
               Representative to provide coherent and strategic leadership, to work effectively to
               strengthen existing United Nations coordination mechanisms, and to engage in
               advocacy efforts, inter alia with governments, including military and judicial
               representatives, as well as with all parties to armed conflict and civil society, in
               order to address, at both headquarters and country level, sexual violence in armed
               conflict, while promoting cooperation and coordination of efforts among all relevant
               stakeholders, primarily through the inter-agency initiative “United Nations Action
               Against Sexual Violence in Conflict”;
                    5.    Encourages the entities comprising UN Action Against Sexual Violence
               in Conflict, as well as other relevant parts of the United Nations system, to support
               the work of the aforementioned Special Representative of the Secretary-General and
               to continue and enhance cooperation and information sharing among all relevant
               stakeholders in order to reinforce coordination and avoid overlap at the headquarters
               and country levels and improve system-wide response;
                    6.    Urges States to undertake comprehensive legal and judicial reforms, as
               appropriate, in conformity with international law, without delay and with a view to
               bringing perpetrators of sexual violence in conflicts to justice and to ensuring that
               survivors have access to justice, are treated with dignity throughout the justice
               process and are protected and receive redress for their suffering;
                     7.  Urges all parties to a conflict to ensure that all reports of sexual violence
               committed by civilians or by military personnel are thoroughly investigated and the
               alleged perpetrators brought to justice, and that civilian superiors and military
               commanders, in accordance with international humanitarian law, use their authority
               and powers to prevent sexual violence, including by combating impunity;
                     8.    Calls upon the Secretary-General to identify and take the appropriate
               measures to deploy rapidly a team of experts to situations of particular concern with
               respect to sexual violence in armed conflict, working through the United Nations
               presence on the ground and with the consent of the host government, to assist
               national authorities to strengthen the rule of law, and recommends making use of
               existing human resources within the United Nations system and voluntary
               contributions, drawing upon requisite expertise, as appropriate, in the rule of law,
               civilian and military judicial systems, mediation, criminal investigation, security
               sector reform, witness protection, fair trial standards, and public outreach; to,
               inter alia:
                    (a) Work closely with national legal and judicial officials and other
               personnel in the relevant governments’ civilian and military justice systems to




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           address impunity, including by the strengthening of national capacity, and drawing
           attention to the full range of justice mechanisms to be considered;
                (b) Identify gaps in national response and encourage a holistic national
           approach to address sexual violence in armed conflict, including by enhancing
           criminal accountability, responsiveness to victims, and judicial capacity;
                (c) Make recommendations to coordinate domestic and international efforts
           and resources to reinforce the government’s ability to address sexual violence in
           armed conflict;
                (d) Work with the United Nations Mission, Country Team, and the
           aforementioned Special Representative of the Secretary-General as appropriate
           towards the full implementation of the measures called for by resolution
           1820 (2008);
                 9.    Encourages States, relevant United Nations entities and civil society, as
           appropriate, to provide assistance in close cooperation with national authorities to
           build national capacity in the judicial and law enforcement systems in situations of
           particular concern with respect to sexual violence in armed conflict;
                 10. Reiterates its intention, when adopting or renewing targeted sanctions in
           situations of armed conflict, to consider including, where appropriate, designation
           criteria pertaining to acts of rape and other forms of sexual violence; and calls upon
           all peacekeeping and other relevant United Nations missions and United Nations
           bodies, in particular the Working Group on Children and Armed Conflict, to share
           with relevant United Nations Security Council sanctions committees, including
           through relevant United Nations Security Council Sanction Committees’ monitoring
           groups and groups of experts, all pertinent information about sexual violence;
                11. Expresses its intention to ensure that resolutions to establish or renew
           peacekeeping mandates contain provisions, as appropriate, on the prevention of, and
           response to, sexual violence, with corresponding reporting requirements to the
           Council;
                 12. Decides to include specific provisions, as appropriate, for the protection
           of women and children from rape and other sexual violence in the mandates of
           United Nations peacekeeping operations, including, on a case-by-case basis, the
           identification of women’s protection advisers (WPAs) among gender advisers and
           human rights protection units, and requests the Secretary-General to ensure that the
           need for, and the number and roles of WPAs are systematically assessed during the
           preparation of each United Nations peacekeeping operation;
                 13. Encourages States, with the support of the international community, to
           increase access to health care, psychosocial support, legal assistance and socio
           economic reintegration services for victims of sexual violence, in particular in rural
           areas;
                 14. Expresses its intention to make better usage of periodical field visits to
           conflict areas, through the organization of interactive meetings with the local
           women and women’s organizations in the field about the concerns and needs of
           women in areas of armed conflict;
                15. Encourages leaders at the national and local level, including traditional
           leaders where they exist and religious leaders, to play a more active role in



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               sensitizing communities on sexual violence to avoid marginalization and
               stigmatization of victims, to assist with their social reintegration, and to combat a
               culture of impunity for these crimes;
                    16. Urges the Secretary General, Member States and the heads of regional
               organizations to take measures to increase the representation of women in mediation
               processes and decision-making processes with regard to conflict resolution and
               peacebuilding;
                     17. Urges that issues of sexual violence be included in all United Nationssponsored peace negotiation agendas, and also urges inclusion of sexual violence
               issues from the outset of peace processes in such situations, in particular in the areas
               of pre-ceasefires, humanitarian access and human rights agreements, ceasefires and
               ceasefire monitoring, DDR and SSR arrangements, vetting of armed and security
               forces, justice, reparations, and recovery/development;
                     18. Reaffirms the role of the Peacebuilding Commission in promoting
               inclusive gender-based approaches to reducing instability in post-conflict situations,
               noting the important role of women in rebuilding society, and urges the
               Peacebuilding Commission to encourage all parties in the countries on its agenda to
               incorporate and implement measures to reduce sexual violence in post-conflict
               strategies;
                     19. Encourages Member States to deploy greater numbers of female military
               and police personnel to United Nations peacekeeping operations, and to provide all
               military and police personnel with adequate training to carry out their
               responsibilities;
                     20. Requests the Secretary-General to ensure that technical support is
               provided to troop and police contributing countries, in order to include guidance for
               military and police personnel on addressing sexual violence in predeployment and
               induction training;
                    21. Requests the Secretary-General to continue and strengthen efforts to
               implement the policy of zero tolerance of sexual exploitation and abuse in United
               Nations peacekeeping operations; and urges troop and police contributing countries
               to take appropriate preventative action, including predeployment and in-theater
               awareness training, and other action to ensure full accountability in cases of such
               conduct involving their personnel;
                     22. Requests that the Secretary-General continue to direct all relevant United
               Nations entities to take specific measures to ensure systematic mainstreaming of
               gender issues within their respective institutions, including by ensuring allocation of
               adequate financial and human resources within all relevant offices and departments
               and on the ground, as well as to strengthen, within their respective mandates, their
               cooperation and coordination when addressing the issue of sexual violence in armed
               conflict;
                     23. Urges relevant Special Representatives and the Emergency Relief
               Coordinator of the Secretary-General, with strategic and technical support from the
               UN Action network, to work with Member States to develop joint Government-United Nations Comprehensive Strategies to Combat Sexual Violence, in
               consultation with all relevant stakeholders, and to regularly provide updates on this
               in their standard reporting to Headquarters;



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                 24. Requests that the Secretary-General ensure more systematic reporting on
           incidents of trends, emerging patterns of attack, and early warning indicators of the
           use of sexual violence in armed conflict in all relevant reports to the Council, and
           encourages the Special Representatives of the Secretary-General, the Emergency
           Relief Coordinator, the High Commissioner for Human Rights, the Special
           Rapporteur on Violence against Women, and the Chairperson(s) of UN Action to
           provide, in coordination with the aforementioned Special Representative, additional
           briefings and documentation on sexual violence in armed conflict to the Council;
                25. Requests the Secretary-General to include, where appropriate, in his
           regular reports on individual peacekeeping operations, information on steps taken to
           implement measures to protect civilians, particularly women and children, against
           sexual violence;
                 26. Requests the Secretary-General, taking into account the proposals
           contained in his report as well as any other relevant elements, to devise urgently and
           preferably within three months, specific proposals on ways to ensure monitoring and
           reporting in a more effective and efficient way within the existing United Nations
           system on the protection of women and children from rape and other sexual violence
           in armed conflict and post-conflict situations, utilizing expertise from the United
           Nations system and the contributions of national Governments, regional
           organizations, non-governmental organizations in their advisory capacity and
           various civil society actors, in order to provide timely, objective, accurate and
           reliable information on gaps in United Nations entities response, for consideration
           in taking appropriate action;
                27. Requests that the Secretary-General continue to submit annual reports to
           the Council on the implementation of Resolution 1820 (2008) and to submit his next
           report by September of 2010 on the implementation of this resolution and
           Resolution 1820 (2008) to include, inter alia:
                 (a) a detailed coordination and strategy plan on the timely and ethical
           collection of information;
                (b) updates on efforts by United Nations Mission focal points on sexual
           violence to work closely with the Resident Coordinator/Humanitarian Coordinator
           (RC/HC), the United Nations Country Team, and, where appropriate, the
           aforementioned Special Representative and/or the Team of Experts, to address
           sexual violence;
                 (c) information regarding parties to armed conflict that are credibly
           suspected of committing patterns of rape or other forms of sexual violence, in
           situations that are on the Council’s agenda;
                28. Decides to review, taking into account the process established by General
           Assembly resolution 63/311 regarding a United Nations composite gender entity, the
           mandates of the Special Representative requested in operative paragraph 4 and the
           Team of Experts in operative paragraph 8 within two years, and as appropriate
           thereafter;
                29.   Decides to remain actively seized of the matter.




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