UNIVERSITY OF PENNSYLVANIA - AFRICAN STUDIES CENTER |
United Nations
________________________________________________________
S/RES/1265 (1999)
17 September 1999
________________________________________________________
RESOLUTION 1265 (1999)
Adopted by the Security Council at its 4046th meeting
on 17 September 1999
The Security Council,
Recalling the statement of its President of 12 February
1999 (S/PRST/1999/6),
Having considered the report of the Secretary-General
of 8 September 1999 (S/1999/957) submitted to the Security
Council in accordance with the above- mentioned statement,
Taking note of the reports of the Secretary-General
of 13 April 1998 on the "Causes of Conflict and
the Promotion of Durable Peace and Sustainable Development
in Africa" (S/1998/318) and 22 September 1998
on the "Protection for Humanitarian Assistance
to Refugees and Others in Conflict Situations"
(S/1998/883), in particular their analysis related
to the protection of civilians,
Noting that civilians account for the vast majority
of casualties in armed conflicts and are increasingly
targeted by combatants and armed elements, gravely
concerned by the hardships borne by civilians during
armed conflict, in particular as a result of acts of
violence directed against them, especially women, children
and other vulnerable groups, including refugees and
internally displaced persons, and recognizing the consequent
impact this will have on durable peace, reconciliation
and development,
Bearing in mind its primary responsibility under the
Charter of the United Nations for the maintenance of
international peace and security, and underlining the
importance of taking measures aimed at conflict prevention
and resolution,
Stressing the need to address the causes of armed conflict
in a comprehensive manner in order to enhance the protection
of civilians on a long-term basis, including by promoting
economic growth, poverty eradication, sustainable development,
national reconciliation, good governance, democracy,
the rule of law and respect for and protection of human
rights,
Expressing its deep concern at the erosion in respect
for international humanitarian, human rights and refugee
law and principles during armed conflict, in particular
deliberate acts of violence against all those protected
under such law, and expressing also its concern at
the denial of safe and unimpeded access to people in
need,
Underlining the importance of the widest possible dissemination
of international humanitarian, human rights and refugee
law and of relevant training for, inter alia, civilian
police, armed forces, members of the judicial and legal
professions, civil society and personnel of international
and regional organizations,
Recalling the statement of its President of 8 July 1999
(S/PRST/1999/21), and emphasizing its call for the
inclusion, as appropriate, within specific peace agreements
and, on a case-by-case basis, within United Nations
peacekeeping mandates, of clear terms for the disarmament,
demobilization and reintegration of ex-combatants,
including the safe and timely disposal of arms and
ammunition,
Mindful of the particular vulnerability of refugees
and internally displaced persons, and reaffirming the
primary responsibility of States to ensure their protection,
in particular by maintaining the security and civilian
character of refugee and internally displaced person
camps,
Underlining the special rights and needs of children
in situations of armed conflict, including those of
the girl-child,
Recognizing the direct and particular impact of armed
conflict on women as referred to in paragraph 18 of
the report of the Secretary-General and, in this regard,
welcoming the ongoing work within the United Nations
system on the implementation of a gender perspective
in humanitarian assistance and on violence against
women,
1. Welcomes the report of the Secretary-General of 8
September 1999, and takes note of the comprehensive
recommendations contained therein;
2. Strongly condemns the deliberate targeting of civilians
in situations of armed conflict as well as attacks
on objects protected under international law, and calls
on all parties to put an end to such practices;
3. Emphasizes the importance of preventing conflicts
which could endanger international peace and security
and, in this context, highlights the importance of
implementing appropriate preventive measures to resolve
conflicts, including the use of United Nations and
other dispute settlement mechanisms and of preventive
military and civilian deployments, in accordance with
the relevant provisions of the Charter of the United
Nations, resolutions of the Security Council and relevant
international instruments;
4. Urges all parties concerned to comply strictly with
their obligations under international humanitarian,
human rights and refugee law, in particular those contained
in the Hague Conventions of 1899 and 1907 and in the
Geneva Conventions of 1949 and their Additional Protocols
of 1977, as well as with the decisions of the Security
Council;
5. Calls on States which have not already done so to
consider ratifying the major instruments of international
humanitarian, human rights and refugee law, and to
take appropriate legislative, judicial and administrative
measures to implement these instruments domestically,
drawing on technical assistance, as appropriate, from
relevant international organizations including the
International Committee of the Red Cross and United
Nations bodies;
6. Emphasizes the responsibility of States to end impunity
and to prosecute those responsible for genocide, crimes
against humanity and serious violations of international
humanitarian law, affirms the possibility, to this
end, of using the International Fact-Finding Commission
established by Article 90 of the First Additional Protocol
to the Geneva Conventions, reaffirms the importance
of the work being done by the ad hoc Tribunals for
the former Yugoslavia and Rwanda, stresses the obligation
of all States to cooperate fully with the Tribunals,
and acknowledges the historic significance of the adoption
of the Rome Statute of the International Criminal Court
which is open for signature and ratification by States;
7. Underlines the importance of safe and unhindered
access of humanitarian personnel to civilians in armed
conflict, including refugees and internally displaced
persons, and the protection of humanitarian assistance
to them, and recalls in this regard the statements
of its President of 19 June 1997 (S/PRST/1997/34) and
29 September 1998 (S/PRST/1998/30);
8. Emphasizes the need for combatants to ensure the
safety, security and freedom of movement of United
Nations and associated personnel, as well as personnel
of international humanitarian organizations, and recalls
in this regard the statements of its President of 12
March 1997 (S/PRST/1997/13) and 29 September 1998;
9. Takes note of the entry into force of the Convention
on the Safety of United Nations and Associated Personnel
of 1994, recalls the relevant principles contained
therein, urges all parties to armed conflicts to respect
fully the status of United Nations and associated personnel
and, in this regard, condemns attacks and the use of
force against United Nations and associated personnel,
as well as personnel of international humanitarian
organizations, and affirms the need to hold accountable
those who commit such acts;
10. Expresses its willingness to respond to situations
of armed conflict where civilians are being targeted
or humanitarian assistance to civilians is being deliberately
obstructed, including through the consideration of
appropriate measures at the Council's disposal in accordance
with the Charter of the United Nations, and notes,
in that regard, the relevant recommendations contained
in the report of the Secretary-General;
11. Expresses its willingness to consider how peacekeeping
mandates might better address the negative impact of
armed conflict on civilians;
12. Expresses its support for the inclusion, where appropriate,
in peace agreements and mandates of United Nations
peacekeeping missions, of specific and adequate measures
for the disarmament, demobilization and reintegration
of ex-combatants, with special attention given to the
demobilization and reintegration of child soldiers,
as well as clear and detailed arrangements for the
destruction of surplus arms and ammunition and, in
this regard, recalls the statement of its President
of 8 July 1999;
13. Notes the importance of including in the mandates
of peacemaking, peacekeeping and peace-building operations
special protection and assistance provisions for groups
requiring particular attention, including women and
children;
14. Requests the Secretary-General to ensure that United
Nations personnel involved in peacemaking, peacekeeping
and peace-building activities have appropriate training
in international humanitarian, human rights and refugee
law, including child and gender-related provisions,
negotiation and communication skills, cultural awareness
and civilian-military coordination, and urges States
and relevant international and regional organizations
to ensure that appropriate training is included in
their programmes for personnel involved in similar
activities;
15. Underlines the importance of civilian police as
a component of peacekeeping operations, recognizes
the role of police in assuring the safety and well-being
of civilians and, in this regard, acknowledges the
need to enhance the capacity of the United Nations
for the rapid deployment of qualified and well-trained
civilian police;
16. Reaffirms its readiness, whenever measures are adopted
under Article 41 of the Charter of the United Nations,
to give consideration to their impact on the civilian
population, bearing in mind the needs of children,
in order to consider appropriate humanitarian exemptions;
17. Notes that the excessive accumulation and destabilizing
effect of small arms and light weapons pose a considerable
impediment to the provision of humanitarian assistance
and have a potential to exacerbate and prolong conflicts,
endanger the lives of civilians and undermine security
and the confidence required for a return to peace and
stability;
18. Takes note of the entry into force of the Convention
on the Use, Stockpiling, Production and Transfer of
Anti-personnel Mines and their Destruction of 1997
and the amended Protocol on Prohibitions or Restrictions
on the Use of Mines, Booby Traps and Other Devices
(Protocol II) annexed to the Convention on Prohibitions
or Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed to Be Excessively Injurious
or to Have Indiscriminate Effects of 1980, recalls
the relevant provisions contained therein, and notes
the beneficial effect that their implementation will
have on the safety of civilians;
19. Reiterates its grave concern at the harmful and
widespread impact of armed conflict on children, recalls
its resolution 1261 (1999) of 25 August 1999, and reaffirms
the recommendations contained therein;
20. Stresses the importance of consultation and cooperation
between the United Nations, the International Committee
of the Red Cross and other relevant organizations,
including regional organizations, on follow-up to the
report of the Secretary-General and encourages the
Secretary-General to continue consultations on this
subject and to take concrete actions aimed at enhancing
the capacity of the United Nations to improve the protection
of civilians in armed conflict;
21. Expresses its willingness also to work in cooperation
with regional organizations to examine how these bodies
might better enhance the protection of civilians in
armed conflict;
22. Decides to establish immediately an appropriate
mechanism to review further the recommendations contained
in the report of the Secretary-General and to consider
appropriate steps by April 2000 in accordance with
its responsibilities under the Charter of the United
Nations;
23. Decides to remain actively seized of the matter.
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Editor: Dr. Ali B. Ali-Dinar, Ph.D
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