Security Council resolution 2106 (2013) [on sexual violence in armed conflict]
Symbol: S/RES/2106 (2013)
Date: 2013-06-24
Status: adopted
Agenda: S/68 [201] WOMEN IN ARMED CONFLICTS
S/68 [189] CIVILIAN PERSONS--ARMED CONFLICTS
Subjects: UN. Team of Experts Established pursuant to Security Council Resolution 1888 (2009)|GENDER-BASED VIOLENCE|WOMEN IN ARMED CONFLICTS|SEX CRIMES|IMPUNITY|HUMAN RIGHTS MONITORING|ADVISORY SERVICES|MEDIATION|WAR CRIMES|CRIME VICTIMS|PEACEKEEPING OPERATIONS|TECHNICAL COOPERATION|HEALTH SERVICES|TROOP-CONTRIBUTING STATES|TRAINING PROGRAMMES|ACCOUNTABILITY|SANCTIONS|RAPE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: AUSTRALIA
vote: yes
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GUATEMALA
vote: yes
country: LUXEMBOURG
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: RWANDA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                   S/RES/2106 (2013)
               Security Council                                               Distr.: General
                                                                              24 June 2013




               Resolution 2106 (2013)
               Adopted by the Security Council at its 6984th meeting, on
               24 June 2013

                    The Security Council,
                    Reaffirming its commitment to the continuing and full implementation, in a
               mutually reinforcing manner, of resolutions 1265 (1999), 1296 (2000), 1325 (2000),
               1612 (2005), 1674 (2006), 1738 (2006), 1820 (2008), 1882 (2009), 1888 (2009),
               1889 (2009), 1894 (2009), 1960 (2010), 1998 (2011) and 2068 (2012), and all
               relevant statements of its President,
                     Thanking the Secretary-General for the report of 12 March 2013 (S/2013/149)
               and taking note of the analysis and recommendations contained therein, but
               remaining deeply concerned over the slow implementation of important aspects of
               resolution 1960 (2010) to prevent sexual violence in armed conflict and post-conflict
               situations and noting as documented in the Secretary-General’s report that sexual
               violence occurs in such situations throughout the world,
                    Recognizing the Declaration on Preventing Sexual Violence in Conflict
               adopted by G8 foreign ministers in London on 11 April 2013, and the commitments
               it makes in this regard,
                     Recognizing that consistent and rigorous prosecution of sexual violence crimes
               as well as national ownership and responsibility in addressing the root causes of
               sexual violence in armed conflict are central to deterrence and prevention as is
               challenging the myths that sexual violence in armed conflict is a cultural
               phenomenon or an inevitable consequence of war or a lesser crime,
                     Affirming that women’s political, social and economic empowerment, gender
               equality and the enlistment of men and boys in the effort to combat all forms of
               violence against women are central to long-term efforts to prevent sexual violence
               in armed conflict and post-conflict situations; and emphasizing the importance of
               the full implementation of resolution 1325 (2000) while noting the ongoing work on
               a set of indicators for the implementation of resolution 1325 (2000) and subsequent
               resolutions on women and peace and security, and recognizing UN-Women’s efforts
               in this area,
                     Noting with concern that sexual violence in armed conflict and post-conflict
               situations disproportionately affects women and girls, as well as groups that are
               particularly vulnerable or may be specifically targeted, while also affecting men and

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               boys and those secondarily traumatized as forced witnesses of sexual violence
               against family members; and emphasizing that acts of sexual violence in such
               situations not only severely impede the critical contributions of women to society,
               but also impede durable peace and security as well as sustainable development,
                     Recognizing that States bear the primary responsibility to respect and ensure
               the human rights of all persons within their territory and subject to their jurisdiction
               as provided for by international law; and reaffirming that parties to armed conflict
               bear the primary responsibility to ensure the protection of civilians,
                    Reaffirming its respect for the sovereignty, territorial integrity and political
               independence of all States in accordance with the Charter,
                     Recalling the inclusion of a range of sexual violence offences in the Rome
               Statute of the International Criminal Court (ICC) and the statutes of the ad hoc
               international criminal tribunals,
                     Noting the provision in the Arms Trade Treaty that exporting States Parties
               shall take into account the risk of covered conventional arms or items being used to
               commit or facilitate serious acts of gender-based violence or serious acts of violence
               against women and children,
                    Further recalling that international humanitarian law prohibits rape and other
               forms of sexual violence,
                     Recalling the Human Rights Due Diligence Policy on United Nations Support
               to non-United Nations Security Forces as a tool to enhance compliance with
               international humanitarian, human rights and refugee law, including to address
               sexual violence in armed conflict and post-conflict situations,
                     Having considered the report of the Secretary-General 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 non-State parties involved in these
               situations,
                     1.   Affirms that sexual violence, when used or commissioned as a method or
               tactic of war or as a part of a widespread or systematic attack against civilian
               populations, can significantly exacerbate and prolong situations of armed conflict
               and may impede the restoration of international peace and security; emphasizes in
               this regard that effective steps to prevent and respond to such acts significantly
               contribute to the maintenance of international peace and security; and stresses
               women’s participation as essential to any prevention and protection response;
                     2.    Notes that sexual violence can constitute a crime against humanity or a
               constitutive act with respect to genocide; further recalls that rape and other forms of
               serious sexual violence in armed conflict are war crimes; calls upon Member States
               to comply with their relevant obligations to continue to fight impunity by
               investigating and prosecuting those subject to their jurisdiction who are responsible
               for such crimes; encourages Member States to include the full range of crimes of
               sexual violence in national penal legislation to enable prosecutions for such acts;
               recognizes that effective investigation and documentation of sexual violence in
               armed conflict is instrumental both in bringing perpetrators to justice and ensuring
               access to justice for survivors;


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                 3.   Notes that the fight against impunity for the most serious crimes of
           international concern committed against women and girls has been strengthened
           through the work of the ICC, ad hoc and mixed tribunals, as well as specialized
           chambers in national tribunals; reiterates its intention to continue forcefully to fight
           impunity and uphold accountability with appropriate means;
                 4.    Draws attention to the importance of a comprehensive approach to
           transitional justice in armed conflict and post-conflict situations, encompassing the
           full range of judicial and non-judicial measures, as appropriate;
                 5.    Recognizes the need for more systematic monitoring of and attention to
           sexual violence in armed conflict and post-conflict situations and other women and
           peace and security commitments in its own work and, in this regard, expresses its
           intent to employ, as appropriate, all means at its disposal to ensure women’s
           participation in all aspects of mediation, post-conflict recovery and peacebuilding
           and to address sexual violence in conflict, including, inter alia, in the establishment
           and review of peacekeeping and political mandates, public statements, country visits,
           fact-finding missions, international commissions of inquiry, consultations with
           regional bodies and in the work of relevant Security Council sanctions committees;
                 6.   Recognizes the need for more timely, objective, accurate and reliable
           information as a basis for prevention and response and requests the Secretary-General and relevant United Nations entities to accelerate the establishment and
           implementation of monitoring, analysis and reporting arrangements on conflictrelated sexual violence, including rape in situations of armed conflict and
           post-conflict and other situations relevant to the implementation of resolution 1888
           (2009), as appropriate, and taking into account the specificity of each country;
                 7.   Calls for the further deployment of Women Protection Advisors (WPA)
           in accordance with resolution 1888 to facilitate the implementation of Security
           Council resolutions on women and peace and security and calls upon the Secretary-General to ensure that the need for, and the number and roles of WPAs are
           systematically assessed during the planning and review of each United Nations
           peacekeeping and political mission, and to ensure that these experts are adequately
           trained and deployed in a timely manner; and recognizes the role of UN Action
           against Sexual Violence in Conflict in facilitating coordinated responses of relevant
           peacekeeping, humanitarian, human rights, political and security actors and
           emphasizes the need for enhanced coordination, information sharing, analysis,
           response planning and implementation across these sectors;
                8.    Recognizes the distinct role of Gender Advisors in ensuring that gender
           perspectives are mainstreamed in policies, planning and implementation by all
           mission elements; calls upon the Secretary-General to continue to deploy Gender
           Advisors to the relevant United Nations peacekeeping and political missions as well
           as humanitarian operations and to ensure comprehensive gender training of all
           relevant peacekeeping and civilian personnel;
                9.   Acknowledges the efforts of United Nations entities in ensuring United
           Nations Commissions of Inquiry in armed conflict and post-conflict situations have,
           where necessary, sexual and gender-based crimes expertise to accurately document
           such crimes and encourages all Member States to support these efforts;
                10. Reiterates its demand for the complete cessation with immediate effect
           by all parties to armed conflict of all acts of sexual violence and its call for these


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               parties to make and implement specific time-bound commitments to combat sexual
               violence, which should include, inter alia, issuance of clear orders through chains of
               command prohibiting sexual violence and accountability for breaching these orders,
               the prohibition of sexual violence in Codes of Conduct, military and police field
               manuals or equivalent and to make and implement specific commitments on timely
               investigation of alleged abuses; and further calls upon all relevant parties to armed
               conflict to cooperate in the framework of such commitments, with appropriate
               United Nations mission personnel who monitor their implementation, and calls upon
               the parties to designate, as appropriate, a high-level representative responsible for
               ensuring implementation of such commitments;
                     11. Emphasizes the important role that can be played by women, civil
               society, including women’s organizations, and formal and informal community
               leaders in exerting influence over parties to armed conflict with respect to
               addressing sexual violence;
                     12. Reiterates the importance of addressing sexual violence in armed conflict
               whenever relevant, in mediation efforts, ceasefires and peace agreements; requests
               the Secretary-General, Member States and regional organizations, where appropriate,
               to ensure that mediators and envoys, in situations where it is used as a method or
               tactic of war, or as part of a widespread or systematic attack against civilian
               populations, engage on sexual violence issues, including with women, civil society,
               including women’s organizations and survivors of sexual violence, and ensure that
               such concerns are reflected in specific provisions of peace agreements, including
               those related to security arrangements and transitional justice mechanisms; urges the
               inclusion of sexual violence in the definition of acts prohibited by ceasefires and in
               provisions for ceasefire monitoring; stresses the need for the exclusion of sexual
               violence crimes from amnesty provisions in the context of conflict resolution
               processes;
                     13. Urges existing sanctions committees, where within the scope of the
               relevant criteria for designation, and consistent with resolution 1960 (2010) to apply
               targeted sanctions against those who perpetrate and direct sexual violence in
               conflict; and 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 serious sexual violence;
                     14. Recognizes the role of United Nations peacekeeping contingents in
               preventing sexual violence, and, in this respect, calls for all predeployment and
               in-mission training of troop- and police-contributing country contingents to include
               training on sexual and gender-based violence, which also takes into account the
               distinct needs of children; further encourages troop- and police-contributing countries
               to increase the number of women recruited and deployed in peace operations;
                    15. Requests the Secretary-General to continue and strengthen efforts to
               implement the policy of zero tolerance on sexual exploitation and abuse by United
               Nations personnel and urges concerned Member States to ensure full accountability,
               including prosecutions, in cases of such conduct involving their nationals;
                     16. Requests the Secretary-General and relevant United Nations entities to
               assist national authorities, with the effective participation of women, in addressing
               sexual violence concerns explicitly in:




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                 (a) disarmament, demobilization and reintegration processes, including, inter
           alia, by establishing protection mechanisms for women and children in cantonment
           sites, as well as for civilians in close proximity of cantonment sites and in
           communities of return, and by offering trauma and reintegration support to women
           and children formerly associated with armed groups, as well as ex-combatants;
                 (b) security sector reform processes and arrangements, including through the
           provision of adequate training for security personnel, encouraging the inclusion of
           more women in the security sector and effective vetting processes in order to
           exclude from the security sector those who have perpetrated or are responsible for
           acts of sexual violence;
                 (c) justice sector reform initiatives, including through legislative and policy
           reforms that address sexual violence; training in sexual and gender-based violence
           of justice and security sector professionals and the inclusion of more women at
           professional levels in these sectors; and judicial proceedings that take into account
           the distinct needs and protection of witnesses as well as survivors of sexual violence
           in armed conflict and post-conflict situations, and their family members;
                 17. Recognizes that women who have been forcefully abducted into armed
           groups and armed forces, as well as children, are especially vulnerable to sexual
           violence in armed conflict and post-conflict situations and as such demands that
           parties to armed conflict immediately identify and release such persons from their
           ranks;
                 18. Encourages concerned Member States to draw upon the expertise of the
           United Nations Team of Experts established pursuant to resolution 1888 (2009) as
           appropriate to strengthen the rule of law and the capacity of civilian and military
           justice systems to address sexual violence in armed conflict and post-conflict
           situations as part of broader efforts to strengthen institutional safeguards against
           impunity;
                 19. Recognizing the importance of providing timely assistance to survivors
           of sexual violence, urges United Nations entities and donors to provide
           non-discriminatory and comprehensive health services, including sexual and
           reproductive health, psychosocial, legal, and livelihood support and other
           multi-sectoral services for survivors of sexual violence, taking into account the
           specific needs of persons with disabilities; calls for support to national institutions
           and local civil society networks in increasing resources and strengthening capacities
           to provide the abovementioned services to survivors of sexual violence; encourages
           Member States and donors to support national and international programs that assist
           victims of sexual violence such as the Trust Fund for Victims established by the
           Rome Statute and its implementing partners; and requests the relevant United
           Nations entities to increase allocation of resources for the coordination of genderbased violence response and service provision;
                 20. Notes the link between sexual violence in armed conflict and post-conflict
           situations and HIV infection, and the disproportionate burden of HIV and AIDS on
           women and girls as a persistent obstacle and challenge to gender equality; and urges
           United Nations entities, Member States and donors to support the development and
           strengthening of capacities of national health systems and civil society networks in
           order to provide sustainable assistance to women and girls living with or affected by
           HIV and AIDS in armed conflict and post-conflict situations;



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                    21. Underlines the important roles that civil society organizations, including
               women’s organizations, and networks can play in enhancing community-level
               protection against sexual violence in armed conflict and post-conflict situations and
               supporting survivors in accessing justice and reparations;
                     22. Requests that the Secretary-General continue to submit annual reports to
               the Council on the implementation of women and peace and security resolutions and
               the present resolution, and to submit his next report by March 2014;
                    23.   Decides to remain actively seized of the matter.




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