UN Security Council Resolution 1674 | ||
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Date | 28 April 2006 | |
Meeting no. | 5,430 | |
Code | S/RES/1674 (Document) | |
Subject | Protection of civilians in armed conflict | |
Voting summary |
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Result | Adopted | |
Security Council composition | ||
Permanent members | ||
Non-permanent members | ||
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United Nations Security Council Resolution 1674, adopted unanimously on April 28, 2006, after reaffirming resolutions 1265 (1999) and 1296 (2000) concerning the protection of civilians in armed conflict and Resolution 1631 (2005) on co-operation between the United Nations and regional organisations, the Council stressed a comprehensive approach to the prevention of armed conflict and its recurrence. [1]
The resolution was adopted after six months of debate among Council members. [2] It was the first time the Security Council had recognised a set of criteria to form a basis for humanitarian intervention in situations of armed conflict. [3] [4]
In the preamble of the resolution, the members of the Council reaffirmed their commitment to the United Nations Charter, acknowledging that peace, security, international development and human rights were the four interlinked pillars of the United Nations system. The Council regretted that civilians accounted for the majority of the victims during armed conflict, and was concerned about the impact of the illicit trade in natural resources and weapons on the population.
The text recognised the role of regional organisations in the protection of civilians, and the role of education in preventing abuses against civilians was emphasised. It reaffirmed that all parties to armed conflict had an obligation to protect the civilian population and to not harm the civilians.
The Security Council highlighted the importance of preventing armed conflict through a comprehensive approach involving economic growth, eradication of poverty, sustainable development, national reconciliation, good governance, democracy, the rule of law, and respect for human rights. The deliberate targeting of civilians during armed conflict was described as a "flagrant violation" of international humanitarian law. [5] Additionally, provisions of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity were reaffirmed. [6] Torture, sexual violence, violence against children, the recruitment of child soldiers, human trafficking, forced displacement and the denial of humanitarian aid were also condemned by the Council.
The resolution continued by demanding that all parties to armed conflict adhere to the Hague Conventions of 1899 and 1907 and the Geneva Conventions, including Protocols I and II. [7] It reaffirmed that impunity should end and for all states to comply with their obligations in this respect, including—if they had not already done so—the ratification of international instruments relating to humanitarian, human rights and refugee law. Furthermore, all countries had to comply with the demands of the Security Council.
The Security Council called for special attention to be given to the protection of civilians during peace processes in post-conflict situations, including an end to attacks on civilians, the provision of humanitarian assistance, creating conditions for the return of refugees and internally displaced persons, facilitating access to education and training, re-establishing the rule of law and ending impunity. It was also important to maintain the civilian character of refugee camps and that United Nations peacekeeping missions had a clear mandate to protect civilians, as well as the inclusion of disarmament, demobilisation and reintegration programmes for ex-combatants. [7]
In the latter paragraphs of the resolution, the members of the Council condemned all acts of sexual exploitation by police, military and civilian personnel working for the United Nations, and attacks on humanitarian workers. Meanwhile, it recognised the important role of regional and intergovernmental organisations in the protection of civilians. "Appropriate steps" would be adopted if the deliberate targeting of civilians and protected persons came to the attention of the Council. [2]
Finally, the Secretary-General Kofi Annan was asked to report on the protection of civilians in armed conflict within 18 months.
Algeria, China and Russia had initially opposed the notion of collective responsibility, however Algeria's two-year term as a non-permanent member of the Security Council came to end on December 31, 2005 and diplomats later overcame objections from China and Russia. [4]
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law, and like other crimes against international law have no temporal or jurisdictional limitations on prosecution.
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United Nations Security Council resolution 859, adopted unanimously on 24 August 1993, after recalling all resolutions on the situation in Bosnia and Herzegovina, the council noted that, despite all previous security council resolutions since Resolution 713 (1991), the region was still a scene of hostilities and there was little compliance with previous resolutions, particularly by the Bosnian Serb party.
An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.
United Nations Security Council resolution 941, adopted unanimously on 23 September 1994, after reaffirming all resolutions on the situation in Bosnia and Herzegovina, the Council discussed violations of international humanitarian law in Banja Luka, Bijeljina and other areas of the country.
United Nations Security Council resolution 1261, adopted unanimously on 25 August 1999, in the first resolution to address the topic, the Council condemned the targeting of children in armed conflict including the recruitment and use of child soldiers.
United Nations Security Council resolution 1265, adopted unanimously on 17 September 1999, in the first resolution to address the topic, the council discussed the protection of civilians during armed conflict.
United Nations Security Council resolution 1296, adopted unanimously on 19 April 2000, after recalling Resolution 1265 (1999), the Council discussed steps to enhance the protection of civilians during armed conflict.
United Nations Security Council resolution 1314 was adopted unanimously on 11 August 2000, after recalling Resolution 1261 (1999) on children and armed conflict and other resolutions including 1265 (1999), 1296 (2000) and 1306 (2000). The Council expressed concern at the impact of conflict upon children and the use of child soldiers, and expressed willingness to consider further measures under the United Nations Charter when dealing with situations of children in armed conflict.
United Nations Security Council resolution 1366, adopted unanimously on 30 August 2001, after reaffirming resolutions 1196 (1998), 1197 (1998), 1208 (1998), 1265 (1999), 1296 (1999), 1318 (2000), 1325 (2000) and 1327 (2000) concerning aspects of armed conflict, the Council reiterated its aim to prevent armed conflict as part of its responsibility to maintain international peace and security.
United Nations Security Council resolution 1460, adopted unanimously on 30 January 2003, after recalling resolutions 1261 (1999), 1265 (1999), 1296 (2000), 1306 (2000), 1308 (2000), 1314 (2000), 1325 (2000) and 1379 (2001), the council called for the immediate end to the use of child soldiers and endorsed an "era of application" of international norms and standards for the protection of war-affected children.
United Nations Security Council Resolution 1738, adopted unanimously on December 23, 2006, after reaffirming resolutions 1265 (1999), 1296 (2000), 1502 (2003) and 1674 (2006) on the protection of civilians in armed conflict, the Council condemned attacks against journalists in conflict situations. It was the last resolution adopted by the Security Council in 2006.
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The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.
The Darfur genocide is the systematic killing of ethnic Darfuri people which has occurred during the War in Darfur and the ongoing War in Sudan (2023–present) in Darfur. It has become known as the first genocide of the 21st century. The genocide, which is being carried out against the Fur, Masalit and Zaghawa ethnic groups, has led the International Criminal Court (ICC) to indict several people for crimes against humanity, rape, forced transfer and torture. An estimated 200,000 people were killed between 2003 and 2005.
138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and should support the United Nations to establish an early warning capability. 139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapter VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the UN Charter, including Chapter VII, on a case by case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity and its implications, bearing in mind the principles of the Charter of the United Nations and international law. We also intend to commit ourselves, as necessary and appropriate, to help states build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assist those which are under stress before crises and conflicts break out.