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Security Council Open Debates on the Protection of Civilians -- Reports and Excerpts from the Twelve Open Debates Semi-annual open debates of the Security Council on the protection of civilians around the world and the Security Council’s response to these crises have become a regular follow-up to the Protection of Civilians in Armed Conflict resolutions. Some governments hope that these regular briefings, high-lighting situations where civilians are in danger around the world and giving Member States the opportunity to make statements on the Security Council’s role in protecting civilians, will be a new mechanism to spur better and earlier responses to these crises. A few governments have noted Security Council Resolution 1612 on Children in Armed Conflict as a possible model.
12th Security Council Open Debate on the Protection of Civilians in Armed Conflict
On 9 November 2011, the Security Council held its 12th Open Debate on the Protection of Civilians in Armed Conflict, focusing this session on how to enhance accountability for violations of international humanitarian law (IHL) and international human rights law. In advance of the debate, Security Council President Portugal held a 1 November meeting organized with OCHA on the role of the Council in enforcing accountability for massive violations of human rights.
Accountability and protecting civilians
During the debate, over forty Member States remarked on key issues highlighted at the 1 November meeting. These topics included mechanisms for ensuring individual criminal responsibility, improved fact-finding and reparation for victims. Opening the debate, Secretary-General Ban Ki-Moon reiterated that the promotion of accountability for violations of IHL was one of the five core challenges identified in his 2009 and 2010 reports on the protection of civilians.
RtoP prominently featured in the debate
Many Member States took this opportunity to reiterate their support for the Responsibility to Protect, recalling the crucial role of the international community in taking appropriate measures to prevent and halt mass atrocity crimes. Several States highlighted the relevance of the norm to the debate, including Norway which reminded that civilian protection should not be seen “in isolation” from the Responsibility to Protect. Guatemala noted that the commitment to RtoP at the 2005 World Summit was “one of the most outstanding achievements obtained” at the meeting and recalled that the second pillar of RtoP meant that governments were responsible for seeking international assistance when unable to fulfill their responsibilities
Though many speakers stressed that national authorities bore the primary responsibility to protect, the role of international actors was prominently featured regarding the deteriorating situation in Syria. Many Member States expressed serious concern and called for further action from a number of actors to protect civilians. The United Kingdom called on Syria to end the violence and admit UN monitors while Nigeria asked that Syria comply with the Arab League agreement. Several States denounced the lack of action by the Security Council, including Japan, Germany, France, and the United States.
Brazil’s concept of “Responsibility while protecting”
Recognizing that the responsibility to protect had been a milestone in improving the protection of population from mass atrocities, Brazil took the debate as an opportunity to offer a new perspective on the question of the use of force under the RtoP framework. Brazil mentioned that they would soon circulate a concept paper on the idea that the international community, while exercising its responsibility to protect, “must demonstrate a high level of responsibility while protecting". Ambassador Maria Luiza Ribeiro Viotti emphasized that both concepts “should evolve together, based on an agreed set of fundamental principles, parameters and procedures” of which he mentioned a few (see full speech here):
“Prevention is always the best policy. It is the emphasis on preventive diplomacy that reduces the risk of armed conflict and the human costs associated with it;
Brazil’s emphasis on the need to “do no harm” was echoed by a few States, particularly in the aftermath of NATO’s operations in Libya which generated much debate and controversy. Russia and China supported the proposed concept paper, with China cautioning that, “there should be no political motives or purposes involved, including regime change.” South Africa and India also reflected on lessons learned from Libya, emphasizing that civilians should not be harmed and alternative agendas should not be followed in the name of protecting civilians.
Read a summary of statements from the 12th Open Debate on the Protection of Civilians in Armed Conflict
See ICRtoP's full analysis of the 12th Open Debate Eleventh Open Debate on the Protection of Civilians in Armed Conflict: 10 May 2011
On 10 May 2011, the UN Security Council held the eleventh open debate on the Protection of Civilians (POC) in Armed Conflict. Over forty Member States spoke during the proceedings, with thirteen states making direct references to RtoP. States, such as Uruguay, noted the “intrinsic overlap” between RtoP and POC but emphasized the importance of remaining “clear in our references to these concepts and that we take into account the singular nature of each one.” The statement of the Netherlands highlighted the need “to enhance our collective understanding of both principles, and how they are related in their implementation.” While Venezuela declared that RtoP is being manipulated by powerful countries to impose their interests, Australia emphasized that recent debates following Security Council Resolutions on Libya and Côte d’Ivoire have illustrated the importance of RtoP and “the seriousness with which governments must take their responsibilities.”
See all excerpts on RtoP from the debate.
Numerous Member States emphasized the importance of ensuring that Security Council-mandated action to protect civilians fully respect the UN Charter, including state integrity and sovereignty. Several speakers also expressed the importance of justice and accountability, noting the importance of the International Criminal Court, and voiced their concern over the human rights violations in Syria and Libya.
Under-Secretary-General Valerie Amos condemned the attacks on civilians by government forces in Libya and Syria. She called for a ceasefire in Misrata to allow humanitarian access, and expressed alarm over the reported deployment of tanks in residential areas of Syria. Assistant Secretary-General of the UN High Commissioner for Human Rights, Ivan Šimonović, highlighted the importance of accountability for human rights violations in Libya, Syria, and Sri Lanka; while Alain Le Roy, Under-Secretary-General for Peacekeeping Operations (PKO), spoke on the importance of civilian protection as the UN plans its role in the soon to be independent state of South Sudan.
Click here to view the UN News Centre’s article on the debate.
Click here to view the Global Centre for the Responsibility to Protect’s policy brief on POC and RtoP.
Tenth Open Debate on the Protection of Civilians in Armed Conflict: 22 November 2010
On 22 November 2010, the UN Security Council held the tenth open debate on the Protection of Civilians (POC) in Armed Conflict. Discussions covered the main issues and challenges laid out by the UN Secretary-General in his 11 November report on POC. Additionally, the UNSC issued a Presidential Statement, which focused on protection of the most vulnerable populations such as women, children, refugees and IDPs. The Statement called for accountability in post-conflict and war torn societies, and respect of “international humanitarian, human rights and refugee law” by all warring parties and highlighted the “stocktaking of international criminal justice undertaken by the first Review Conference of the Rome Statute held in Kampala, Uganda from 31 May to 11 June 2010”. It also deplored attacks targeting humanitarian personnel and calls for the inclusion of POC mandates in UN peacekeeping missions.
The Security Council adopted an updated version of the 15 March 2002 OCHA aide memoire annexed to the Presidential Statement. According to UNSC Press Release, the aide memoire specified “core objectives for providing protection and assistance to conflict-affected civilians”.
Forty-eight Member States spoke during the proceedings, and seven States made specific reference to RtoP in their speeches. Italy and Ghana both welcomed ongoing debates in the General Assembly and encouraged Member States to keep discussing and developing the norm. Argentina referred directly to RtoP as an important tool to ensure accountability while Bangladesh and the EU Delegation highlighted the preventive aspects of RtoP. Conversely, Sudan expressed strong opposition to the principle. Others, such as the US, Liechtenstein and France, indirectly referred to RtoP or its core principles by mentioning the four crimes or RtoP country-specific situations such as election violence in Guinea
See all excerpted RtoP statements from the debate.
UN Under-Secretary General for Humanitarian Affairs Valerie Amos, UN High Commissioner for Human Rights Navi Pillay, Under-Secretary-General for Peacekeeping Operations, Alain Le Roy, and Director-General of the International Committee of the Red Cross (ICRC), Yves Daccord, also spoke during the debate. Along with Members States involved in the POC debate, they discussed three main themes:
The responsibility of state and non-state parties to conflict to grant humanitarian personnel safe and unlimited access in order to provide timely and efficient humanitarian assistance to populations living in volatile areas.
To hold violators of human rights and international humanitarian law accountable, including through strengthened national judicial institutions or mixed courts, working in cooperation with UN Commissions of Inquiry, and the International Criminal Court when necessary.
In the wake of the Congo mass rapes, Member States pointed out the importance of making protection of civilians a focus of DPKO strategies, especially protection of women and children in cases of mass sexual violence and child soldiers recruitment.
Ninth Open Debate on the Protection of Civilians in Armed Conflict: 7 July 2010
On 7 July 2010, Members of the UN Security Council participated in the ninth open debate on the Protection of Civilians in Armed Conflict. Forty Member States spoke during the proceedings, and eight States made specific reference to RtoP in their speeches. Italy mentioned its support for RtoP as “an instrument available to the international community to overcome crises”, and welcomed the informal interactive Dialogue of the General Assembly on early warning, assessment and RtoP, that was planned for August 9th. While Venezuela questioned whether RtoP had achieved the necessary consensus to become operational in the protection of civilians, Bangladesh re-emphasized how important the principle of RtoP was in preventing harm to civilians in armed conflict. Peru mentioned that the international community needed to focus on pillar I and II of the Responsibility to Protect. While Turkey and Sri Lanka underlined that RtoP and the protection of civilians in armed conflict were distinct initiatives that should not be compounded, the EU delegation recalled that “there is a clear linkage between them because, when populations are properly protected, they will not fall victim to genocide, war crimes, crime against humanity and ethnic cleansing”.
See all excerpts on RtoP from the debate.
Secretary-General Ban Ki-moon, UN Under-Secretary General for Humanitarian Affairs John Holmes, and UN High Commissioner for Human Rights Navi Pillay also spoke at the debate. They and Members States involved in the POC debate vocalized three main themes:
Accountability for perpetrators of crimes, in particular through strengthening national judicial mechanisms and working in concert with UN-mandated commissions and the International Criminal Court when necessary.
Humanitarian access is paramount in the protection of civilians, especially those in protracted situations. The debate condemned the targeting of humanitarian aid workers, and urged further thought on coordinating with non-state armed groups in ensuring civilians can access humanitarian aid in times of crisis.
Peacekeeping missions must be given robust mandates, and the Council must provide UN operations with sustained political support and the adequate resources to protect civilians.
Eighth Open Debate on the Protection of Civilians: 11 November 2009
The Eighth Open Debate on the Protection of Civilians was held on 11 November 2009. Reiterating its commitment to prevent the victimization of civilians in armed conflict and putting an end to the continued violence against civilians, the Security Council unanimously adopted Resolution 1894, which makes specific reference to RtoP and paragraph 138-139 of the 2005 World Summit Outcome Document.
RtoP principles were significantly featured during the debate by fourteen States. In fact, Italy called RtoP a “cardinal achievement of the UN" while Ireland called it “an important vehicle” for advancing the Protection of Civilians agenda. Of the fifty-six States who participated in the debate, many mentioned the primary responsibility of each State to protect populations from mass atrocities, and the role of the international community to assist States in fulfilling their protection obligations. Some States, mainly European, also welcomed the July 2009 GA debate on RtoP and the consequent GA Resolution on RtoP. Only Sudan and Sri Lanka, while recognizing the responsibilities of each State towards the protection of populations, called on the international community to respect the principle of sovereignty.
Echoing the July GA debate on implementing RtoP, the POC debate discussed three important themes related to the norm, namely a focus on the prevention of mass atrocities and on the need to strengthen UN early warning mechanisms. A majority of States mentioned the need to fight impunity by addressing violations of international humanitarian law and holding individuals accountable for mass atrocities, through national mechanisms or international ones such as the ICC. States called on the Security Council to act without selectivity to protect civilians from mass atrocities, emphasizing on the context of the crisis in Gaza.
Other themes in the debate included the need to provide peacekeeping operations with more effective protection mandates, training and resources and the need to obtain access and security for humanitarian groups in nations experiencing armed conflict, as expressed in the latest report of the Secretary-General (S/2009/277). View the official transcripts from the morning and afternoon sessions of the debate, and the excerpted statements of Member States on RtoP.
Seventh Open Debate on the Protection of Civilians: 26 June 2009
On 26 June 2009, the Security Council held its Seventh Open Debate on the Protection of Civilians. The Seventh Open Debate focused on sexual violence and rape as frequent tactics of war, and governments acknowledged the need for such abuses to be treated as war crimes.
With regard to continued violations against civilians in conflict, many governments reiterated the primary responsibility of states to protect their own populations. 15 Member States (out of 42) mentioned the RtoP in their statements. Among them, the Czech Republic (on behalf of the EU), France, Mexico and Guatemala called for an urgent operationalization of the concept. The representatives from France, Peru and Italy expressed their anticipation of a UN debate on RtoP at the General Assembly which was held on 23, 24 and 28 July 2009. A couple of governments emphasized the prevention aspect of the norm and called for the strengthening of early-warning mechanisms. China was the only state who offered a more cautious note on RtoP, reminding the international community to respect sovereignty. See excerpted statements compiled by the Global Centre for R2P mentioning the norm: click here. For the full Security Council transcript of the Seventh Open Debate, Sixth Open Debate on the Protection of Civilians: 14 January 2009
On 14 January 2009, the Security Council held the Sixth Open Debate on the Protection of Civilians. The President of the Security Council, France’s Ambassador Jean Maurice-Ripert, re-affirmed the need for states to respect all relevant international law, including international humanitarian law, human rights law, and refugee law to enhance protection of civilians in armed conflict.
The connection between the protection of civilians in armed conflict and R2P was noted by many states. Out of the 50 member states that spoke at the debates, 19 mentioned RtoP, and 17 did so positively. Only Sudan and China expressed opposing views, arguing the necessity of respecting sovereignty and allowing international action solely with content of the state in question.
To see excerpted statements of R2P related comments in government statements, please see the following compiled by the Global Centre for the Responsibility to Protect.
Member States also noted the unique role that the Security Council has to play in invoking RtoP, and highlighted it as a mechanism for timely and dynamic action. Countries envisioned the incorporation of RtoP into the Security Council’s agenda through good office missions, support for the ICC and international criminal tribunals, and the Peacebuilding Commission. Promotion of peace and justice through preventative aspects of RtoP were emphasized, as well as the need to reconcile sovereignty and RtoP internally within the General Assembly. Many States spoke of the need for a common conceptual understanding and agreed strategy on how to implement RtoP principles. In that regard, states expressed that they were looking forward to the report of Secretary General Ban Ki-moon on implementing the Responsibility to Protect, released 12 January 2009.
For the full Security Council transcript of the sixth Open Debate click here.
Fifth Open Debate on the Protection of Civilians: 27 May 2008
The fifth open debate on the protection of civilians in armed conflict was held on 27 May 2008. The delegates in the Security Council Chamber condemned all violations of international law and reaffirmed the inalienable responsibility of sovereign states and the international community to protect their populations. In the course of the meeting, many governments supported the development of RtoP as agreed from the 2005 World Summit. John Sawers, President of the Security Council, re-emphasized on behalf of the Council "the responsibility of States to comply with their relevant obligations to end impunity and to prosecute those responsible for war crimes, genocide, crimes against humanity and serious violations of international humanitarian law (...)."
To access excerpts of statements on RtoP at the fifth open debate, please view the following document compiled by the Global Centre for the Responsibility to Protect.
Fourth Open Debate on the Protection of Civilians: 20 November 2007
The fourth debate on the protection of civilians took place on 20 November 2007. RtoP was one of its central themes, as touched on by Secretary-General Ban ki-Moon in his opening remarks to the Security Council. The Secretary-General started the debate by saying that UN member states need to move the RtoP concept from word to deed. He also called for a working group on the protection of civilians in conflict, the goal of which is to make the consideration of protection of civilians more systematic and timely, by giving members a special forum for in depth examination and discussion of protection issues facing the international community. The Secretary-General hopes this will lead to more decisive action by the UNSC and which will lead to practical improvements on the ground.
After that opening statement, Under Secretary-General for Humanitarian Affairs John Holmes presented the report of the Secretary-General, which highlighted the problems that still remain for the protection of civilians. Almost every member of the UNSC made a statement mentioning RtoP, and a large portion of non-SC members also referenced RtoP in their statements. Most of these statements were positive, echoing the Secretary-General’s ideas, although some states cautioned that the RtoP still needed to be discussed, in the capacity of the UNGA, however, and not the UNSC. Member states also embraced the idea of a new working group on the protection of civilians, and vowed their commitment to the establishment of such a group.
For the full Security Council transcript of the fourth Open Debate click here Resumption: click here For further analysis of the debate, visit the Security Council Report website. For a timeline of UN activities on the protection of civilians agenda, including earlier reports and resolutions, visit the OCHA website.
Third Open Debate on the Protection of Civilians: 22 June 2007
The third debate on the protection of civilians in armed conflict took place on 22 June 2007. Mr. John Holmes, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator briefed the Security Council, referring to the responsibility to protect in his opening and closing comments.
Apart from China, who continued to express reservations with RtoP, governments continued to be overwhelmingly positive in expressing their support for the Responsibility to Protect and urging the Security Council to consider ways to operationalize RtoP. Of the twenty-eight nations that made statements at the Open Debate, twenty-three referred to the principle of the “responsibility to protect.” Countries expressing support for RtoP in their statements included: the UK, Panama, Italy, Congo, Slovakia, Ghana, Belgium, Japan, Argentina, Germany on behalf of the European Union and associated States, Nigeria, Canada, Liechtenstein, Korea and Rwanda.
This Open Debate indicates the Security Council’s continued commitment to operationalizing the principle of “the responsibility to protect” in order to promote the protection of civilians from the most heinous of crimes in armed conflict.
For excerpted government statements referencing RtoP at the third Open Debate click here.
For the full Security Council transcript of the third Open Debate click here.
Second Open Debate on the Protection of Civilians: 4 December 2006
The second debate on the protection of civilians in armed conflict took place on 4 December 2006. Mr. Jan Egeland reminded member states of their pledge to accept the responsibility to protect civilian populations. He remarked that this pledge is still far away from being translated into predictable and adequate action to provide for the protection of threatened communities. He insisted that the responsibility to protect must be de-politicized, that it must become a truly shared interest and must then translate into joint action by all members of the Council and the UN.
For excerpted government statements referencing RtoP at the second open debate, please click here.
First Open Debate on the Protection of Civilians: 28 June 2006
The Security Council held its first open debate on the protection of civilians following the inclusion of RtoP in Security Council Resolution 1674 on 28 June 2006. Many governments positively reacted to the RtoP reference in 1674. Some governments commented on the connection between the Security Council taking concrete actions in accordance with the Protection of Civilians resolutions and the realization of the commitment to the Responsibility to Protect. Click here for more information about the 28 June 2006 open debate on the Protection of Civilians, including links to Under-Secretary General for Humanitarian Affairs Jan Egeland’s briefing before the Security Council and what governments said at the debate.
For excerpted government statements referencing RtoP at the first open debate, click here.
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