Strengthening the rule of law in the maintenance of international peace and security - Statement on behalf of the Human Security Network by H.E. Mr. Martin Sajdik, Permanent Representative of Austria to the United Nations

Mr. President,
It is my honor to speak on behalf of the Human Security Network, an informal, cross-regional group of States comprised of Chile, Costa Rica, Greece, Ireland, Jordan, Mali, Norway, Panama, Slovenia, Switzerland, Thailand, Austria, and South Africa as an observer.

At the outset, we want to thank the presidency for organizing today´s open debate as well as the Secretary-General for his presentation and we would like to express our support for the recommendations contained in his report.

We welcome the Security Council’s important role in enhancing the rule of law which is central to the people-centered and holistic approach to security, as advocated by the Human Security Network. Clear and foreseeable rules, respect for and adherence to these rules and an effective rules-based multilateral system to prevent and sanction violations are preconditions for lasting international peace and security. We encourage the Council to use the tools at its disposal to ensure the respect of international law and to respond to grave violations in a systematic and consistent manner.

While the primary responsibility to investigate and prosecute international crimes lies with States and domestic justice systems are the first resort in pursuit of accountability, the international community, including the Council undeniably has a key role in addressing such crimes and ensuring accountability. Possible measures at the Council’s disposal are diverse and include referrals of situations to the International Criminal Court, as with the unanimous adoption of resolution 1970 (2011) concerning Libya; the imposition of targeted measures; the establishment of accountability mechanisms; the mandating of commissions of inquiry; or more generally, mandating the support for the rule of law and the strengthening of justice and security institutions in peacekeeping operations. In this regard, let me also mention the great importance that the Human Security Network attaches to the role of the Council in the protection of women and children. We are pleased with the work undertaken by the Security Council in progressively strengthening the protection framework for children affected by armed conflict as well as with its efforts to prevent and combat sexual violence.

Mr. President,
We would like to underline the importance of capacity-building for State institutions and transitional justice approaches that are victim-centered and gender sensitive in order to ensure that the rights of victims, in particular women and children, are fully respected and their interests taken into account.

We fully support the Secretary-General’s recommendation for further attention by the Council to the rights of victims to reparations. Of the four pillars of transitional justice, reparation is the one which most lacks concrete implementation. Over the past two decades, the Council has been supporting the development of national and international judicial mechanisms, the creation of truth commissions and the implementation of institutional reforms needed to prevent further violations of human rights and international humanitarian law. We encourage the Council to give more attention to the question of reparation. Reparation programs, as underlined in General Assembly resolution 60/147 on reparation1, are not limited to monetary compensation but can also include symbolic measures, social services and psychological care. Such measures can make an important contribution to the reconciliation of divided societies as well as help to address the economic and social justice dimensions of the root causes of conflict.
 
Last but not least, the Human Security Network would like to express its full support for the new Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, whose mandate has recently been established by a consensual resolution of the Human Rights Council. This reflects a clear acknowledgement that accountability, along with truth-seeking processes, reparations and institutional reforms as means of advancing human security must be an integral part of the UN’s transitional justice efforts.

We envision that the new Special Rapporteur will be able to contribute to a more comprehensive approach to justice and rule of law related issues and hope that the Secretary-General will take into account, as appropriate, the work of relevant special procedures within the UN system in his next report presented to the Council on this issue.
1 General Assembly resolution 60/147 on Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.