Security Council resolution 1738 (2006) [on protection of civilians in armed conflict]
Symbol: S/RES/1738(2006)
Date: 2006-12-23
Status: adopted
Agenda: S/61 [189] CIVILIAN PERSONS--ARMED CONFLICTS
Subjects: Geneva Conventions (1949)|Geneva Conventions (1949). Protocols, etc., 1977 June 10|CIVILIAN PERSONS|JOURNALISTS|OCCUPATIONAL SAFETY|HUMAN RIGHTS IN ARMED CONFLICTS|ARMED CONFLICTS|MASS MEDIA|PRISONERS OF WAR|EQUIPMENT AND SUPPLIES|DESTRUCTION OF PROPERTY|VIOLENCE|WAR CRIMES|CRIMINAL JUSTICE|GENOCIDE|CRIMES AGAINST HUMANITY|INTERNATIONAL OBLIGATIONS|STATE RESPONSIBILITY|IMPUNITY|PROSECUTION|INTERNATIONAL SECURITY|SIGNATURES, ACCESSIONS, RATIFICATIONS|REPORT PREPARATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: CHINA
vote: yes
country: CONGO
vote: yes
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GHANA
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PERU
vote: yes
country: QATAR
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SLOVAKIA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                  S/RES/1738 (2006)
               Security Council                                                Distr.: General
                                                                               23 December 2006




               Resolution 1738 (2006)
               Adopted by the Security Council at its 5613th meeting, on
               23 December 2006

                    The Security Council,
                    Bearing in mind its primary responsibility under the Charter of the United
               Nations for the maintenance of international peace and security, and underlining the
               importance of taking measures aimed at conflict prevention and resolution,
                     Reaffirming its resolutions 1265 (1999), 1296 (2000) and 1674 (2006) on the
               protection of civilians in armed conflict and its resolution 1502 (2003) on protection
               of United Nations personnel, associated personnel and humanitarian personnel in
               conflict zones, as well as other relevant resolutions and presidential statements,
                     Reaffirming its commitment to the Purposes of the Charter of the United
               Nations as set out in Article 1 (1-4) of the Charter, and to the Principles of the
               Charter as set out in Article 2 (1-7) of the Charter, including its commitment to the
               principles of the political independence, sovereign equality and territorial integrity
               of all States, and respect for the sovereignty of all States,
                     Reaffirming that parties to an armed conflict bear the primary responsibility to
               take all feasible steps to ensure the protection of affected civilians,
                    Recalling the Geneva Conventions of 12 August 1949, in particular the Third
               Geneva Convention of 12 August 1949 on the treatment of prisoners of war, and the
               Additional Protocols of 8 June 1977, in particular article 79 of the Additional
               Protocol I regarding the protection of journalists engaged in dangerous professional
               missions in areas of armed conflict,
                     Emphasizing that there are existing prohibitions under international
               humanitarian law against attacks intentionally directed against civilians, as such,
               which in situations of armed conflict constitute war crimes, and recalling the need
               for States to end impunity for such criminal acts,
                     Recalling that the States Parties to the Geneva Conventions have an obligation
               to search for persons alleged to have committed, or to have ordered to be committed
               a grave breach of these Conventions, and an obligation to try them before their own
               courts, regardless of their nationality, or may hand them over for trial to another
               concerned State provided this State has made out a prima facie case against the said
               persons,


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                     Drawing the attention of all States to the full range of justice and
               reconciliation mechanisms, 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,
                     Recognizing the importance of a comprehensive, coherent and action-oriented
               approach, including in early planning, of protection of civilians in situations of
               armed conflict. Stressing, in this regard, the need to adopt a broad strategy of
               conflict prevention, which addresses the root causes of armed conflict in a
               comprehensive manner in order to enhance the protection of civilians on a long-term
               basis, including by promoting sustainable development, poverty eradication,
               national reconciliation, good governance, democracy, the rule of law and respect for
               and protection of human rights,
                     Deeply concerned at the frequency of acts of violence in many parts of the
               world against journalists, media professionals and associated personnel in armed
               conflict, in particular deliberate attacks in violation of international humanitarian
               law,
                     Recognizing that the consideration of the issue of protection of journalists in
               armed conflict by the Security Council is based on the urgency and importance of
               this issue, and recognizing the valuable role that the Secretary-General can play in
               providing more information on this issue,
                     1.    Condemns intentional attacks against journalists, media professionals and
               associated personnel, as such, in situations of armed conflict, and calls upon all
               parties to put an end to such practices;
                     2.    Recalls in this regard that journalists, media professionals and associated
               personnel engaged in dangerous professional missions in areas of armed conflict
               shall be considered as civilians and shall be respected and protected as such,
               provided that they take no action adversely affecting their status as civilians. This is
               without prejudice to the right of war correspondents accredited to the armed forces
               to the status of prisoners of war provided for in article 4.A.4 of the Third Geneva
               Convention;
                     3.   Recalls also that media equipment and installations constitute civilian
               objects, and in this respect shall not be the object of attack or of reprisals, unless
               they are military objectives;
                     4.    Reaffirms its condemnation of all incitements to violence against
               civilians in situations of armed conflict, further reaffirms the need to bring to
               justice, in accordance with applicable international law, individuals who incite such
               violence, and indicates its willingness, when authorizing missions, to consider,
               where appropriate, steps in response to media broadcast inciting genocide, crimes
               against humanity and serious violations of international humanitarian law;
                    5.    Recalls its demand that all parties to an armed conflict comply fully with
               the obligations applicable to them under international law related to the protection
               of civilians in armed conflict, including journalists, media professionals and
               associated personnel;




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                6.     Urges States and all other parties to an armed conflict to do their utmost
           to prevent violations of international humanitarian law against civilians, including
           journalists, media professionals and associated personnel;
                7.    Emphasizes the responsibility of States to comply with the relevant
           obligations under international law to end impunity and to prosecute those
           responsible for serious violations of international humanitarian law;
                8.    Urges all parties involved in situations of armed conflict to respect the
           professional independence and rights of journalists, media professionals and
           associated personnel as civilians;
                 9.   Recalls that the deliberate targeting of civilians and other protected
           persons, and the commission of systematic, flagrant and widespread violations of
           international humanitarian and human rights law in situations of armed conflict
           may constitute a threat to international peace and security, and reaffirms in this
           regard its readiness to consider such situations and, where necessary, to adopt
           appropriate steps;
                10. Invites States which have not yet done so to consider becoming parties to
           the Additional Protocols I and II of 1977 to the Geneva Conventions at the earliest
           possible date;
                 11. Affirms that it will address the issue of protection of journalists in armed
           conflict strictly under the agenda item “protection of civilians in armed conflict”;
                12. Requests the Secretary-General to include as a sub-item in his next
           reports on the protection of civilians in armed conflict the issue of the safety and
           security of journalists, media professionals and associated personnel.




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