JANUARY JULY 2013 LIST OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS (CHRONOLOGICAL) 1. S/RES/ February Burundi 2

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1 COALITION FOR THE INTERNATIONAL CRIMINAL COURT INFORMAL COMPILATION OF EXCERPTS FROM SECURITY COUNCIL RESOLUTIONS ADOPTED IN 2013 (1 st SEMESTER) WITH ICC LANGUAGE JANUARY JULY 2013 The United Nations Security Council has adopted 27 resolutions during the first semester of Between January and July, 7 of these resolutions have referred directly to the ICC. The excerpts below (in the order of the date they were issued) have been informally compiled by the Coalition for the International Criminal Court because of the direct reference they make to the ICC. Please verify the accuracy of the information contained herein; the full texts of these resolutions are available at: LIST OF UNITED NATIONS SECURITY COUNCIL RESOLUTIONS (CHRONOLOGICAL) Document Symbol Date Subject Page Number 1. S/RES/ February Burundi 2 2. S/RES/ March Libya 2 3. S/RES/ March Democratic Republic of the Congo 4 4. S/RES/ April Mali 6 5. S/RES/ April Côte d'ivoire 6 6. S/RES/ June Women Peace and Security 7 7. S/RES/ July Côte d'ivoire 9 1

2 Chronological List of UN Security Council Resolutions relevant experts on the ICC and accountability (January July 2013) BURUNDI 13 February 2013 (S/RES/2090) Recalling that Burundi is a State party to the Rome Statute of the International Criminal Court since 2004, and has undertaken obligations to fight impunity for crimes falling within the jurisdiction of the Court, and emphasizing that the International Criminal Court is complementary to the national criminal jurisdictions, 5. encourages the Government to continue its fight against impunity 7. Calls upon the Government of Burundi to take measures to fight impunity and support thorough, credible, impartial and transparent investigations, including by reinforcing the protection of victims, of their relatives and of witnesses, and to intensify efforts to ensure that those responsible for human rights violations and restrictions on civil liberties are swiftly arrested and brought to justice; 8. Calls upon the Government of Burundi to work with international partners and BNUB for the establishment of transitional justice mechanisms, including a credible and consensual Truth and Reconciliation Commission to help foster an effective reconciliation of all Burundians and durable peace in Burundi, in accordance with the results of the work of the Technical Committee, the 2009 national consultations, Security Council resolution 1606 (2005) as well as the Arusha agreement of 28 August 2000; LIBYA 14 March 2013 (S/RES/2095) Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court, and the importance of cooperation for ensuring that those responsible for violations of human rights and international humanitarian law, including attacks targeting civilians, are held accountable, 2

3 2. Looks forward to an inclusive constitutional drafting process, and reiterates the need for the transitional period to be underpinned by a commitment to democracy, good governance, rule of law, national reconciliation and respect for human rights and fundamental freedoms of all people in Libya; 3. calls for those responsible for serious violations of international humanitarian law and human rights law, including sexual violence and violations and abuses against children, to be held accountable in accordance with international standards, and urges all Member States to cooperate closely with the Libyan Government in their efforts to end impunity for such violations; 4. Calls upon the Libyan Government to continue to cooperate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor as required by resolution 1970 (2011); 5. Calls upon the Libyan government to take all steps necessary to accelerate the judicial process, transfer detainees to State authority and prevent and investigate violations and abuses of human rights, (b) Promote the rule of law and monitor and protect human rights, in accordance with Libya s international legal obligations, particularly those of women and people belonging to vulnerable groups, such as children, minorities and migrants, including through assisting the Libyan Government to ensure the humane treatment of and due process for detainees and to reform and build transparent and accountable justice and correctional systems, supporting the development and implementation of a comprehensive transitional justice strategy, and providing assistance towards national reconciliation as well as support to ensure the continued identification, separation and reintegration of children affected by armed conflict; 8. Encourages UNSMIL to continue to support efforts to promote national reconciliation, inclusive political dialogue and political processes aimed at promoting free, fair and credible elections, transitional justice and respect for human rights throughout Libya; DEMOCRATIC REPUBLIC OF THE CONGO 28 MARCH 2013 (S/RES/2089) Condemning the mass rapes in Minova and the surrounding villages in November 2012 reportedly committed by soldiers of the Armed forces of the DRC (FARDC), taking note of the investigations and arrests undertaken thereafter by the Congolese authorities, and calling 3

4 for all those responsible for violations of international humanitarian law or abuses of human rights, as applicable, including those involving violence or abuses against children and acts of sexual and gender based violence, to be swiftly apprehended, brought to justice and held accountable, Welcoming the commitment made by the Government of the DRC to hold accountable those responsible for atrocities in the country, noting the cooperation of the Government of the DRC with the International Criminal Court (ICC) and stressing the importance of actively seeking to hold accountable those responsible for war crimes and crimes against humanity in the country and of regional and international cooperation to this end, Welcoming the surrender of Bosco Ntaganda to the ICC on 22 March 2013 as a positive step for international criminal justice as well as towards the restoration of peace and security in eastern DRC and expressing its appreciation to all Governments concerned as well as to the ICC for their cooperation, which was essential to bring Bosco Ntaganda to justice, Taking note that the Secretary General, in January 2012, encouraged the Council to reject any endorsement of amnesty for genocide, war crimes, crimes against humanity or gross violations of human rights and international humanitarian law, Reiterating its call on all parties to cooperate fully with MONUSCO, and its condemnation of any and all attacks against peacekeepers, emphasizing that those responsible for such attacks must be held accountable 8. reiterates that those responsible for human rights abuses and violations of international humanitarian law will be held accountable and should not be eligible for integration into the FARDC or other elements of state security forces; (d) Provision of support to national and international judicial processes Support and work with the Government of the DRC to arrest and bring to justice those responsible for war crimes and crimes against humanity in the country, including through cooperation with States of the region and the ICC; 14. Calls on the Special Representative for the DRC to perform, through his good offices, the following tasks: (a) Encourage and accelerate greater national ownership of Security Sector Reform (SSR) by the DRC authorities, including through the urgent finalisation and implementation of a 4

5 national strategy for the establishment of effective, inclusive and accountable security and justice institutions by the DRC ; 15. Authorizes MONUSCO, through its civilian component, to contribute, in coordination with the UNCT and in support of national mechanisms to implement the PSC Framework, to the following tasks: (g) Provide good offices, advice and support to the Government of the DRC for the development and the implementation, in accordance with the Congolese strategy for justice reform, of a multi year joint United Nations justice support programme in order to develop the criminal justice institutions and processes, the police, the judiciary and prisons in conflictaffected areas; (h) Provide good offices, advice and support to the Government of the DRC to promote human rights and to fight impunity, including through the implementation of the Government s zero tolerance policy with respect to discipline and human rights and international humanitarian law violations, committed by elements of the security forces, in particular its newly integrated elements; 21. Requests the Government of the DRC to arrest and hold accountable those responsible for war crimes and crimes against humanity in the country, including Sylvestre Mudacumura, and stresses the importance to this end of regional cooperation, including through cooperation with the ICC; Annex A Commitments of the countries of the region under the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region To neither harbour nor provide protection of any kind to persons accused of war crimes, crimes against humanity, acts of genocide or crimes of aggression, or persons falling under the United Nations sanctions regime; and To facilitate the administration of justice through judicial cooperation within the region. 5

6 MALI 25 APRIL 2013 (S/RES/2099) Condemning strongly all abuses and violations of human rights and violations of international humanitarian law, calling upon all parties to bring an end to such violations and abuses and to comply with their obligations under applicable international law, Reiterating, in this regard, that all perpetrators of such acts must be held accountable and that some of such acts referred to in the paragraph above may amount to crimes under the Rome Statute and taking note that the transitional authorities of Mali referred the situation in Mali since January 2012 to the International Criminal Court on 13 July 2012 and that the Prosecutor of the International Criminal Court opened, on 16 January 2013, an investigation into alleged crimes committed on the territory of Mali since January 2012, 16. Decides that the mandate of MINUSMA shall be the following: (g) Support for national and international justice To support, as feasible and appropriate, the efforts of the transitional authorities of Mali, without prejudice to their responsibilities, to bring to justice those responsible for war crimes and crimes against humanity in Mali, taking into account the referral by the transitional authorities of Mali of the situation in their country since January 2012 to the International Criminal Court; 27. Urges the transitional authorities of Mali to ensure that all perpetrators of serious violations and abuses of human rights and serious violations of international humanitarian law are held accountable and to continue to cooperate with the International Criminal Court, in accordance with Mali s obligations under the Rome Statute; COTE D IVOIRE 25 April 2013 (S/RES/2101) Reiterating its firm condemnation of all violations of human rights and international humanitarian law and stressing that the perpetrators must be brought to justice, whether in domestic or international courts, and encouraging the Government of Côte d Ivoire to continue its close cooperation with the International Criminal Court, 6

7 7. Decides to further review the measures decided in paragraph 1, 3, 4, above in light of the progress achieved in the stabilization throughout the country, by the end of the period mentioned in paragraph 1, with a view to possibly further modifying or lifting all or part of the remaining measures, in accordance with progress achieved in relation to DDR and SSR, national reconciliation and the fight against impunity; WOMEN, PEACE AND SECURITY: SEXUAL VIOLENCE IN CONFLICT 24 JUNE 2013 (S/RES/2106) 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, 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, Recalling the inclusion of a range of sexual violence offenses in the Rome Statute of the International Criminal Court (ICC) and the statutes of the ad hoc international criminal Further recalling that international humanitarian law prohibits rape and other forms of sexual violence, 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; 3. Notes that the fight against impunity for the most serious crimes of international 7

8 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; 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 call for these 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, [and] to make and implement specific commitments on timely investigation of alleged abuses; 12. 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; 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: (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 postconflict situations, and their family members; 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 8

9 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. Encourages Member States and donors to support national and international programmes 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 gender based violence response and service provision; 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; COTE D IVOIRE (UNOCI) 30 July 2013 (S/RES/2112) Expressing its concern about the continued reports, including those reported by the Secretary General in his report of 26 June 2013 (S/2013/377), of human rights abuses and violations of international humanitarian law, including against women and children and the reports of increased incidents of sexual violence in particular those attributed to armed men, stressing the importance of investigating such alleged violations and abuses, including those that occurred throughout the post elections crisis committed by all parties, irrespective of their status or political affiliation, reaffirming that those responsible for such violations must be held accountable and brought to justice irrespective of their political affiliation, while respecting the rights of those in detention and while acknowledging President Alassane Ouattara s commitments in this regard, urging the Government to increase and expedite its efforts to combat impunity, Taking note that, on the basis of the declaration lodged by Côte d Ivoire accepting the jurisdiction of the International Criminal Court, the Pre Trial Chamber authorized the Prosecutor of the International Criminal Court to open an investigation into crimes within the Court s jurisdiction committed in Côte d Ivoire since 28 November 2010, including war crimes and crimes against humanity, and the Pre Trial Chamber of the Court later decided to expand the Prosecutors investigation to crimes committed in Côte d Ivoire since 19 September 2002, Taking note of the ratification of the Rome Statute of the International Criminal Court by Côte d Ivoire on 15 February 2013, 9

10 6. Decides that the mandate of UNOCI shall be the following: (f) Support for compliance with international humanitarian and human rights law: To contribute to the promotion and protection of human rights in Côte d Ivoire, with special attention to grave violations and abuses committed against children and women, notably sexual and gender based violence, in close coordination with the Independent Expert established under the Human Rights Council s resolution A/HRC/17/27, To monitor, help investigate, and report to the Council, on abuses and violations of human rights and violations of international humanitarian law, including those against children in line with resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012), in order to prevent such abuses and violations and to end impunity, To bring to the attention of the Council all individuals identified as perpetrators of serious human rights violations and to keep the Committee, established pursuant to resolution 1572 (2004), informed of any significant developments in this regard when appropriate, To support the efforts of the Government in combating sexual and gender based violence, including through contributing to the development of a nationally owned multisectoral strategy in cooperation with UN Action Against Sexual Violence in Conflict entities, 15. Strongly urges the Government to ensure in the shortest possible timeframe that, irrespective of their status or political affiliation, all those responsible for serious abuses of human rights and violations of international humanitarian law, including those committed during and after the post electoral crisis in Côte d Ivoire, are brought to justice in accordance with its international obligations and that all detainees receive clarity about their status in a transparent manner, and urges the Government to continue its cooperation with the International Criminal Court; 10