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Protection of Women and Children in Conflict: Implementing UNSC 1325

This document discusses the issue of protecting women and children in armed conflict and implementing UN Security Council Resolution 1325. It notes that while most states agree on protecting non-combatants, some prioritize sovereignty and freedom of action over human rights. This creates challenges for the UN in advancing protections. Women and children make up the majority of refugees and displaced people from conflicts, and often face violence, human rights abuses, and lack of access to resources. The document calls for states to address ongoing patterns of violence against women and girls in conflicts and to increase the participation of women in peacekeeping operations.

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0% found this document useful (0 votes)
68 views9 pages

Protection of Women and Children in Conflict: Implementing UNSC 1325

This document discusses the issue of protecting women and children in armed conflict and implementing UN Security Council Resolution 1325. It notes that while most states agree on protecting non-combatants, some prioritize sovereignty and freedom of action over human rights. This creates challenges for the UN in advancing protections. Women and children make up the majority of refugees and displaced people from conflicts, and often face violence, human rights abuses, and lack of access to resources. The document calls for states to address ongoing patterns of violence against women and girls in conflicts and to increase the participation of women in peacekeeping operations.

Uploaded by

Maaz Alam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ODUMUNC

 2017  Issue  Brief    


Security  Council  
 
Protection  of  Women  and  Children  in  Conflict:  
Implementing  UNSC  1325  
 
by  ArLynn  Parker  
Old  Dominion  University  Model  United  Nations  
 
 

Introduction states limit the ability of others to protect the


innocent and vulnerable?
The international community faces growing Some Member States, as shown by Iran, Russia
demands to protect the most vulnerable form the and Syria in the Syrian war, want to preserve the
effects of war and armed violence. Protecting legal ability to use maximum violence, including
women and children in armed conflict poses use of indiscriminate and disproportionate
difficult issues for the 193 Member States of the weapons (aerial bombing and artillery) and even
United Nations. There is little opposition to the weapons of mass destruction such as chemical
basic principle of protecting non-combatants. A weapons, to assure victory over their enemies.
large group of states wants to strengthen these Non-state groups like Islamic State rely more on
commitments, making the world a safer place other indiscriminate weapons like suicide
for people, not just sovereign states. bombing, sniping and starvation tactics. And
But some Member States facing armed conflict another group of states, lead by the United
often want complete freedom in their use of States, value protection of innocents including
force. It is more important to some Member women and children, but want to protect their
States to protect national sovereignty and soldiers and commanders from any risk of
freedom of action, to preserve their ability to use international justice, including protection for
deadly violence against their enemies, regardless accidental attacks on civilians.
of the consequences for the innocent. Will these

1  
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 
These conflicting pressures create a tricky populations, may be at even greater risk of
problem for the United Nations. How to advance gender-based abuses.”1
protections for the vulnerable and innocent? Can
Member State governments be persuaded to act
together, harmonizing their commitments to
protect human rights? Or will the global agenda
be determined by a few defector states bent on
preserving their sovereignty rights?
Among the negative effects that armed conflict
has on populations and within different
communities, the majority of those adversely
affected are women and children. Women and
children make up 80 per cent of all refugees,
asylum seekers, and displaced people. Women
and children are often linked together in one
group—that of civilians. It is important to
remember that conflict is not limited to deaths,
but includes mass human rights violations,
which contributes to an overall loss of
community, sense of home/place, and identity.

International humanitarian law, above all the Background


Geneva Conventions of 1949 and the Universal
Declaration of Human Rights (UDoHR), Once termed “one of history’s great silences”
established vital precedents for the international there are ongoing patterns of systematic and
community. Virtually all UN Member States widespread violence against women and girls, as
have made them part of their domestic law, fully well as the harsh involvement of children in
enforceable. But the suffering of women and armed conflict. Women and girls also suffer
children in armed conflict. Remains appalling, sexual violence in conflict zones, including
as shown by on-going conflict in Libya, South many allegations of abuse committed by UN
Sudan, Syria and Yemen. Peacekeepers and soldiers. Disturbingly,
although such cases have been investigated by
There are economic, social, and developmental the UN, little has been done in the way of
issues faced by women in the international prosecution. It is the responsibility of UN
community as a result. These include, but are member states to address these actions and
not limited to, poverty, child survival, limited reinsure the future of peacekeeping operations
mobility, sexual harassment and intimidation, which are in jeopardy.
role presentation in the media, battering, and
gender-based violence. The UN Population Fund There are enumerable incidents of rape and other
stats this succinctly as: “In periods of conflict, incredibly damaging aggressions committed by
women and girls, who typically constitute the those who would take advantage of the chaos
majority of refugee and internally displaced and inflict such acts on vulnerable members of
communities around the world. Roughly 70% of
                                                                                                                       
1
 “The  Impact  of  Conflict  on  Women  and  Girls,”  
UNFPA  United  Nations  Population  Fund.  
www.unfpa.org.    
 
2  
 
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 
non-combatant casualties in conflicts in the late As previously expressed, there is a significant
twentieth century were mostly women and concern about the inclusion of women in
children. “Up to half a million women were peacebuilding. In 2014, women constituted only
raped in Rwanda during the 1994 genocide. 3% of military personnel and 10% of police
Some 60,000 women were raped in the war in personnel in UN Peacekeeping missions. This,
Croatia and Bosnia and Herzegovina, and from however, is greater than the 1% of total
1991 to 2001 an estimated 64,000 incidents of deployed personnel during the previous decade.5
war-related sexual violence against women and The issue of how to effectively involve women
girls occurred in Sierra Leone.”2 These in matters of peace and security requires further
aggressions have continued into recent history, addressing and direct action.
such as the civil war in Syria which began in
2011; over 3.9 million people have fled, with In 2015, the Security Council was beseeched to
79% being women and young girls.3 urge conflict parties to follow international
obligations involving protecting civilians. With
With an increasing number of men deceased or conflicts quickly becoming more dangerous, are
at war, women have had to take on the brunt of facing brutal actions, being injured, killed, and
decisions, earning money, and providing care. fleeing their homes. It was stated during a 2014
The majority of refugee women who now head meeting of the Council that “the average length
their respected households are exposed to the of conflict-related displacement is now 17
devastating experience of coping with isolation years.”6 In Syria half of the population has been
and threats to their overall safety and well-being, displaced, for example, and while the particular
and that of their families. Many children are needs of women and girls has been recognized
facing trauma from lack of resources and in the wake of civilian protection, more action is
adequate housing. Education is also a concern, needed as sexual violence in armed conflict has
as violence puts schooling at risk for young continued. For both Syria and Iraq, civilians are
children and those in conflict-affected parts of being targeted because of religious and ethnic
the world are more likely to drop out.4 Exile in affiliations with hundreds having been
areas such as these (Syria, Lebanon, Egypt, kidnapped. “While entire communities suffer
Jordan, Iraq, Israel) includes living with little the impact of armed conflict, women and girls
protection from the elements, leaving families are often the first to lose their rights to
with health and safety risks. education, to political participation and to
livelihoods, among other rights being bluntly
Current Situation violated.”7 The offenders are not being brought
to justice for their crimes; there are necessary
political courses to call into action at an early
stage in these cases.
                                                                                                                       
2
 “Armed  Conflict  and  Women  -­‐  10  Years  of  Security  
Council  Resolution  1325,”  UNChronicle,  The                                                                                                                          
5
Magazine  of  the  United  Nations,    “Women  in  peacekeeping,”  United  Nations  
unchronicled.un.org/article.     Peacekeeping.  
3
 “Women  and  Armed  Conflict,”  The  Beijing  Platform   www.un.org/en/peacekeeping/issues/women/wom
for  Action  Turns  20,  beijin20.unwomen.org/en.       eninpk/shtml.    
4 6
 Patricia  Justino,  “Barriers  to  Education  in  Conflict-­‐  “Scourge  of  sexual  violence  in  armed  conflict  'far  
affected  Countries  and  Policy  Opportunities,”  Paper   from  being  rooted  out,'  Security  Council  told,”  UN  
commissioned  for  Fixing  the  Broken  Promise  of   News  Centre,  30  January,  2015,  www.un.org.    
7
Education  for  All:  Findings  from  the  Global  Initiative    Kang,  “Scourge  of  sexual  violence  in  armed  conflict  
on  Out-­‐of-­‐School  Children  (UIS/UNICEF,  2015),   'far  from  being  rooted  out,'  Security  Council  told,”  
Montreal:  UNESCO  Institute  for  Statistics  (UIS),  2014.     UN  News  Centre,  30  January,  2015,  www.un.org    
 
3  
 
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 
Another disturbing violation, faced by women
and girls comes from a report in the South
Sudan, considered war crimes and crimes
against humanity with widespread sexual
violence committed by soldiers and armed men.8
Since fighting broke out among the capital
(Juba) in mid-July, attacks occurred on civilian
protection sites. Incidents of rape and other
violence were reported from Juba and
surrounding locations; protection remaining the
“core priority” for the UN Mission in South
Sedan (UNMISS), requiring enhanced measures
and security. As the leading department for
sexual and gender-based violence, the UNMISS
is going forward with their commitment to
secure those most vulnerable, although they
have limited resources. The sooner that
comprehensive steps are taken in legal
obligations and accountability, the less harsh the
aftermath will be for innocent civilians.

                                                                                                                       
8
 “South  Sudan:  UN  Mission  condemns  ‘unspeakable  
acts’  of  abuse,  sexual  violence,”  UN  News  Centre,  1  
August  2016.  www.un.org  
 
4  
 
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 

Role of the UN Pictured on the right is Leila Zerrougui, the


Special Representative of the UN Secretary-
International Humanitarian Law (IHL), General for Children and Armed Conflict, and
otherwise known as the laws of war and the law other leaders met in July of 2016 to discuss the
of armed conflict, “is the legal framework return of former child soldiers to their
applicable to situations of armed conflict and communities alongside talks of women and
occupation. As a set of rules and principles it children who have also faced abuse as a result of
aims, for humanitarian reasons, to limit the armed conflict and violence.
effects of armed conflict.”9 It has been
developed with a goal of protecting civilians UN Security Council resolution 1325, adopted
from those effects, and violations of these rules in 2000, establishes a comprehensive approach
are considered to be war crimes. The IHL has to ensuring that women are included and
two fundamental principles: represented in decision making on the levels of
national and international institutions. It was
1. The protection of persons who are not, created to acknowledge changes in the nature of
or are no longer, participating in warfare, with civilians targeted and women
hostilities; and excluded from participating in peace processes.
2. The right of parties to an armed conflict “UNSCR 1325 addresses not only the inordinate
to choose methods and means of warfare impact of war on women, but also the pivotal
is not unlimited10 role women should and do play in conflict
management, conflict resolution, and sustainable
In 2002 the International Criminal Court (ICC) peace.”12 This convention is also significant in
was established to prosecute people accused of discussing women’s role in peace and security as
war crimes, genocide, and crimes against it recognizes the need for women in leadership.
humanity; its first conviction in March of 2012 The discussion, however, is for both sides of the
occurred for the use of children in conflict. The gender spectrum; there is an awareness among
UN recognizes that, in every country, there are UN bodies that men are often not targeted when
children living in exceptionally difficult the issue of women and peacebuilding is brought
conditions and those children require special up. Contribution to peace and security is better
considerations as expressed in the UN obtained by men and women together, rather
Convention on the Rights of the Child. Articles than a one-sided approach to conflict zones.
38 and 39 of the convention specifically children
in armed conflict situations and appropriate Participation, Protection, Prevention, and Relief
measures to be taken, such as: and Recovery are the four “pillars” included in
Resolution 1325 to support its goals. The
In accordance with their obligations under participation and protection pillars call for
international humanitarian law to protect the increased inclusion of women in decision
civilian population in armed conflicts, States making for management, negotiations, etc., as
Parties shall take all feasible measures to well as protection of women and girls in
ensure protection and care of children who emergency situations naming refugee camps for
are affected by an armed conflict.11 example. Prevention involves strategies to
prevent violence against women which also
                                                                                                                                                                                                                                               
9 12
 “International  Humanitarian  Law,”  International    “What  is  U.N.  Security  Council  Resolution  1325  
Justice  Resource  Center,  www.ijrcenter.org     and  Why  is  it  so  Critical  Today?”  United  States  
10
 Ibid.     Institute  of  Peace,  
11
 “Convention  on  the  Rights  of  the  Child,”  United   http://www.usip.org/gender_peacebuilding/about_
Nations  Human  Rights,  www.ohchr.org/en     UNSCR_1325      

5  
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 
includes prosecuting anyone in violation of
international law and providing support for local
actions for peace. Relief and recovery are
significant in viewing international crises from
gendered perspectives and taking into account
the needs of women and girls when designing
refugee camps and similar settlements.

Although there is a clear focus on UNSC


resolution 1325, the UN has implemented other
related resolutions as a result:
• Resolution 1888, “Express[ing] 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.”13
• Resolution 2121, increasing attention to
women, peace, and security, as well as
all matters relevant to that agenda—
particularly civilian protection in armed
conflict, “post-conflict peacebuilding,
the promotion and strengthening of the
rule of law [...], peace and security in
Africa, threats to international peace and
security caused by terrorist acts, and
maintenance of international peace and
security.”14
• Resolution 2016, “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 parties to make and
implement specific time-bound
commitments to combat sexual
violence.”15

                                                                                                                       
13
 “A  Global  Study  on  the  Implementation  of  United  
Nations  Security  Council  resolution  1325,”  UN  
Women,  wps.unwomen.org.  2016.    
14
 Ibid.    
15
 Ibid.    
 
6  
 
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 

Country Positions is willing to consider compromise measures, and


respects international human rights.
China: “The 1995 Beijing [Declaration and]
Platform for Action flagged 12 key areas where European Union (EU): The EU is a leading
urgent action was needed to ensure greater voice in favor of universalizing stronger limits
equality and opportunities for women and men, on the freedom of states to harm the innocent
girls and boys.” The areas were as follows: and vulnerable, especially woman and children.
Women and Poverty; Education and training of EU Member States seek universal limit on the
women; Women and health; Violence against freedom of sates to wreak havoc. They do not
women; Women and armed conflict; Women oppose the use of force, but demand that it be
and the economy; Women in power and proportionate, respectful of humanitarian goals,
decision-making; Institutional mechanisms; and always undertaken with the goal of
Human rights of women; Women and the media; improving the situation of women and children.
Women and the environment; and The girl child.
UN Women and governments have worked over Non-Aligned Movement (NAM): The African,
the past 20 years with steps in these concrete Latin American and Asian states of the NAM
areas to ensure change for women and girls. accept the importance of international protection
This work also served as a basis for UN for the vulnerable and innocent. Latin American
Convention 1325. China is wary of any limits on states are especially supportive of maximizing
to state sovereignty of freedom of action. But it the force of international law and
humanitarianism. African and Asian member

7  
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 
states are more cautious. They often want to be conflicts? Should international
assured that protections do not weaken their precedents be maximized to have the
sovereign power. Those facing armed conflict widest possible effect, or limited to
also want assurance that humanitarian assistance specific situations, particular conflicts?
to women and children will not be used to
benefit the rebellions, secessionist and terrorist 2. Limit the UN to monitoring conflict
groups they are fighting. regions by the UN Secretary-General, to
gather information and direct existing
Russia: Like China, with whom it often allies in UN institutions to do what they can to
the UN Security Council, Russia works to alleviate suffering.
preserve its sovereign freedom of action. It is
less willing to compromise than China, 3. Stress responding to conflicts causing
especially since it became involved in the humanitarian suffering to women and
conflict in Syria. It seeks to protect its military children, with help and humanitarian
personnel and commanders from prosecution. It assistance, or working to end the
accepts some international action to help women underlying conflicts causing their
and children, especially aid and other suffering?
humanitarian assistance, so long as they do not
require sacrificing military and political 4. Extending international requirements to
objectives. prosecute military personnel and
political commanders for war crimes
United States: The United States strongly involving sexual assault, forced
supports extension of international humanitarian recruitment of women and/or children,
principles, especially protections for woman and and violation of human rights.
children in armed conflict. But the US can be
cautious, opposing blanket measures, preferring 5. Planning and implementation of
case-by-case, conflict-by-conflict responses that facilities/settlements in refugee areas
do not tie its hands in future conflicts. Currently accessible for women’s needs.
it is very concerned with action on Syria. The
US also is preoccupied with protecting its 6. Measures to maintain the safety of
military personnel from international victims of armed combat with an
prosecution. emphasis on women and children.

7. Requiring conflict settlement to include


Concerns to be addressed by the governmental and non-governmental
UN Security Council: participation by women, to better ensure
they are part of conflict resolution, and
1. Whether to expand universal their needs and interests are better
international standards for Member addressed?
States, or to focus only on specific

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“A Global Study on the Implementation of United Nations Security Council resolution 1325,” UN Women,
wps.unwomen.org. 2016.

 
8  
 
 
Protection  of  Women  and  Children  in  Conflict:  Implementing  UNSC  1325  
 
 
“Armed Conflict and Women - 10 Years of Security Council Resolution 1325,” UNChronicle, The Magazine
of the United Nations, unchronicled.un.org/article.

“Convention on the Rights of the Child,” United Nations Human Rights, www.ohchr.org/en.

“International Humanitarian Law,” International Justice Resource Center, www.ijrcenter.org.

Patricia Justino, “Barriers to Education in Conflict-affected Countries and Policy Opportunities,” Paper
commissioned for Fixing the Broken Promise of Education for All: Findings from the Global
Initiative on Out-of-School Children (UIS/UNICEF, 2015), Montreal: UNESCO Institute for
Statistics (UIS), 2014.

“South Sudan: UN Mission condemns ‘unspeakable acts’ of abuse, sexual violence,” UN News Centre, 1
August 2016. www.un.org.

“The Impact of Conflict on Women and Girls,” UNFPA United Nations Population Fund. www.unfpa.org.

“What is U.N. Security Council Resolution 1325 and Why is it so Critical Today?” United States Institute of
Peace, http://www.usip.org/gender_peacebuilding/about_UNSCR_1325.

“Women and Armed Conflict,” The Beijing Platform for Action Turns 20, beijin20.unwomen.org/en.

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