VZCZCXYZ0014
OO RUEHWEB

DE RUEHC #6119 3142054
ZNR UUUUU ZZH
O 102047Z NOV 09
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS STATE 116119 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM UNSC
SUBJECT: VOTING INSTRUCTION FOR SECURITY COUNCIL 
RESOLUTION ON THE PROTECTION OF CIVILIANS 
 
 ¶1. (U) This is an action request:  The Department requests 
USUN to co-sponsor and vote in favor of the UN Security 
Council resolution in paragraph 2 regarding the Protection of 
Civilians scheduled for Council adoption on November 11, 
¶2009.  Post should seek additional guidance from the 
Department if there are any additional substantive changes to 
the resolution text. 
 
¶2. (U) Begin text: 
 
i.  Reaffirming its commitment to the continuing and full 
implementation, in a mutually-reinforcing manner, of 
resolutions 1265 (1999), 1296 (2000), 1325 (2000), 1612 
(2005), 1674 (2006), 1738 (2006), 1820 (2008), 1882 (2009), 
1888 (2009) and 1889 (2009), and all relevant statements of 
its President, 
 
ii.    Reaffirming its commitment to the Purposes of the 
Charter of the United Nations as set out in Article 1 (1-4) 
of the Charter, and to the Principles of the Charter as set 
out in Article 2 (1-7) of the Charter, including its 
commitment to the principles of the political independence, 
sovereign equality and territorial integrity of all States, 
and respect for the sovereignty of all States, 
 
iii.    Noting that this year marks the tenth anniversary of 
the progressive consideration by the Security Council of the 
protection of civilians in armed conflict as a thematic 
issue; and acknowledging the enduring need for the Security 
Council and Member States to strengthen further the 
protection of civilians in armed conflict, 
 
iv.     Noting further that this year also marks the 60th 
anniversary of the Geneva Conventions of 1949, which together 
with their Additional Protocols constitute the basis for the 
legal framework for the protection of civilians in armed 
conflict, 
 
v.     Recognizing that States bear the primary 
responsibility to respect and ensure the human rights of 
their citizens, as well as all individuals within their 
territory as provided for by relevant international law, 
 
vi.   Reaffirming that parties to armed conflict bear the 
primary responsibility to take all feasible steps to ensure 
the protection of civilians, 
 
vii.   Reaffirming the relevant provisions of the 2005 World 
Summit Outcome Document regarding the protection of civilians 
in armed conflict, including paragraphs 138 and 139 thereof 
regarding the responsibility to protect populations from 
genocide, war crimes, ethnic cleansing and crimes against 
humanity; 
 
viii.     Reiterating its deep regret that civilians continue 
to account for the vast majority of casualties in situations 
of armed conflict; 
 
ix.     Stressing the particular impact that armed conflict 
has on women and children, including as refugees and 
internally displaced persons, as well as on other civilians 
who may have specific vulnerabilities including persons with 
disabilities and older persons, and stressing the protection 
and assistance needs of all affected civilian populations; 
 
x.       Noting the adoption of the African Union Convention 
for the Protection and Assistance of Internally Displaced 
Persons in Africa (2009); 
 
xi.     Noting with grave concern the severity and prevalence 
of constraints on humanitarian access, as well as the 
frequency and gravity of attacks against humanitarian 
personnel and objects and the significant implications of 
such attacks for humanitarian operations, 
 
xii.    Recognizing the need for States in or emerging from 
armed conflict to restore or build accountable security 
institutions and independent national judicial systems; 
 
xiii.  Recalling the inclusion of war crimes, crimes against 
humanity and genocide in the statutes of the ad hoc 
international criminal tribunals and the Rome Statute of the 
International Criminal Court, and emphasizing in this regard 
the principle of complementarity, 
xiv.   Recognizing the importance of reparations programmes 
in response to serious violations of international 
humanitarian law and gross human rights violations, 
 
xv.   Recognizing the importance of empowering vulnerable 
civilians through education and training as a means to 
support efforts to halt and prevent abuses committed against 
civilians in situations of armed conflict, 
 
xvi.   Recognizing the valuable contribution to the 
protection of children in armed conflict by the SRSG on 
Children and Armed Conflict and the Security Council Working 
Group on Children and Armed Conflict, including its 
conclusions and recommendations issued in line with 
resolution 1612 (2005), and recalling resolution 1882 (2009), 
which aims to strengthen the protection of children in 
situations of armed conflict, 
 
xvii.  Recalling its decision in resolution 1888 (2009) to 
address violence against women and children in situations of 
armed conflict by requesting the Secretary-General to appoint 
a special representative and to identify and take the 
appropriate measures to deploy rapidly a team of experts to 
situations of particular concern with respect to sexual 
violence in armed conflict, 
 
xviii. Noting the practice of briefings to Security Council 
members by the Office for the Coordination of Humanitarian 
Affairs on behalf of the United Nations, humanitarian 
community, both through formal and informal channels; 
 
xix.  Taking note of the report of the Secretary-General on 
the protection of civilians of 29 May 2009 (S/2009/277) and 
its annex on constraints on humanitarian access, which 
identify the core challenges to the effective protection of 
civilians, namely enhancing compliance with international 
law; enhancing compliance by non-State armed groups with 
their obligations under international law; enhancing 
protection through more effective and better resourced United 
Nations peacekeeping and other relevant missions; enhancing 
humanitarian access; and enhancing accountability for 
violations; 
 
xx.   Welcoming the proposals, conclusions and 
recommendations on the protection of civilians included in 
the report of the Special Committee on Peacekeeping 
Operations and its Working Group (A/63/19) and the important 
work conducted by the Security Council Working Group on 
Peacekeeping Operations, including its efforts aimed at 
enhancing the implementation of protection mandates; 
 
xxi.  Recalling the statement of its President of 5 August 
2009 (S/PRST/2009/24) and welcoming ongoing efforts to 
strengthen UN peacekeeping; 
 
xxii. Noting that United Nations peacekeeping missions 
constitute one of several means at the United Nations, 
disposal to protect civilians in situations of armed conflict; 
 
¶1.     Demands that parties to armed conflict comply strictly 
with the obligations applicable to them under international 
humanitarian, human rights and refugee law, as well as to 
implement all relevant decisions of the Security Council and 
in this regard, urges them to take all required measures to 
respect and protect the civilian population and meet its 
basic needs; 
 
¶2.     Reiterates its condemnation in the strongest terms of 
attacks in situations of armed conflict directed against 
civilians as such and other protected persons or objects as 
well as indiscriminate or disproportionate attacks and the 
utilisation of the presence of civilians to render certain 
points, areas or military forces immune from military 
operations, as flagrant violations of international 
humanitarian law and demands that all parties immediately put 
an end to such practices; 
 
¶3.     Notes that the deliberate targeting of civilians as 
such and other protected persons, and the commission of 
systematic, flagrant and widespread violations of applicable 
international humanitarian and human rights law in situations 
of armed conflict may constitute a threat to international 
peace and security, and reaffirms in this regard its 
readiness to consider such situations and, where necessary, 
to adopt appropriate steps; 
 
¶4.     Reiterates 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 Security Council,s disposal in 
accordance with the Charter of the United Nations; 
 
¶5.     Reiterates its call on States that have not already 
done so to consider signing, ratifying or acceding to the 
relevant instruments of international humanitarian, human 
rights and refugee law, and to take appropriate legislative, 
judicial and administrative measures to implement their 
obligations under these instruments; 
 
¶6.     Demands that all States and parties to armed conflict 
fully implement all relevant decisions of the Security 
Council and in this regard cooperate fully with United 
Nations peacekeeping missions and Country Teams in the 
follow-up and implementation of these resolutions; 
 
¶7.     Calls upon all parties concerned, 
 
(a)    to ensure the widest possible dissemination of 
information about international humanitarian, human rights 
and refugee law; 
 
(b)     to provide training for public officials, members of 
armed forces and armed groups, personnel associated to armed 
forces, civilian police and law enforcement personnel, and 
members of the judicial and legal professions; and to raise 
awareness among civil society and the civilian population on 
relevant international humanitarian, human rights and refugee 
law, as well as on the protection, special needs and human 
rights of women and children in conflict situations, to 
achieve full and effective compliance; 
 
(c)     to ensure that orders and instructions issued to 
armed forces and other relevant actors are in compliance with 
applicable international law, and that they are observed, 
inter alia, by establishing effective disciplinary 
procedures, central to which must be the strict adherence to 
the principle of command responsibility to support compliance 
with international humanitarian law; 
 
(d)     to seek, where appropriate, support from United 
Nations peacekeeping and other relevant missions, as well as 
United Nations Country Teams and the International Committee 
of the Red Cross and, where appropriate, other members of the 
International Red Cross and Red Crescent Movement, on 
training and awareness raising on international humanitarian, 
human rights and refugee law; 
 
¶8.    Emphasizes the importance of addressing in its country 
specific deliberations the compliance of parties to armed 
conflict with international humanitarian, human rights and 
refugee law; notes the range of existing methods used, on a 
case by case basis, for gathering information on alleged 
violations of applicable international law relating to the 
protection of civilians and underlines the importance in this 
regard of receiving information that is timely, objective, 
accurate and reliable; 
 
¶9.     Considers 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; 
 
¶10.    Affirms its strong opposition to impunity for serious 
violations of international humanitarian law and human rights 
law and emphasizes in this context the responsibility of 
States to comply with their relevant obligations to end 
impunity and to thoroughly investigate and prosecute persons 
responsible for war crimes, genocide, crimes against humanity 
or other serious violations of international humanitarian law 
in order to prevent violations, avoid their recurrence and 
seek sustainable peace, justice, truth and reconciliation; 
 
¶11.     Recalls that accountability for such serious crimes 
must be ensured by taking measures at the national level, and 
by enhancing international cooperation in support of national 
mechanisms, draws attention to the full range of justice and 
reconciliation mechanisms to be considered, including 
national, international and &mixed8 criminal courts and 
tribunals, and truth and reconciliation commissions, as well 
as national reparation programs for victims and institutional 
reforms; and underlines the Security Council,s role in 
ending impunity; 
 
¶12.     Reaffirms the Security Council,s role in promoting 
an environment that is conducive to the facilitation of 
humanitarian access to those in need; 
 
¶13.    Stresses the importance for all, within the framework 
of humanitarian assistance, of upholding and respecting the 
humanitarian principles of humanity, neutrality, impartiality 
and independence; 
 
¶14.   Stresses the importance for all parties to armed 
conflict to cooperate with humanitarian personnel in order to 
allow and facilitate access to civilian populations affected 
by armed conflict; 
 
¶15.   Expresses its intention to: 
 
(a)          Call on parties to armed conflict to comply with 
the obligations applicable to them under international 
humanitarian law to take all required steps to protect 
civilians and to facilitate the rapid and unimpeded passage 
of relief consignments, equipment and personnel, 
 
(b)         Mandate UN peacekeeping and other relevant 
missions, where appropriate, to assist in creating conditions 
conducive to safe, timely and unimpeded humanitarian 
assistance, 
 
¶16.  Further expresses its intention to: 
 
(a)      Consistently condemn and call for the immediate 
cessation of all acts of violence and other forms of 
intimidation deliberately directed against humanitarian 
personnel, 
(b)     Call on parties to armed conflict to comply with the 
obligations applicable to them under international 
humanitarian law to respect and protect humanitarian 
personnel and consignments used for humanitarian relief 
operations, 
(c)   Take appropriate steps in response to deliberate 
attacks against humanitarian personnel; 
 
¶17.       Invites the Secretary-General to continue the 
systematic monitoring and analysis of constraints on 
humanitarian access, to include as appropriate observations 
and recommendations in his briefings and country-specific 
reports to the Council; 
 
¶18.      Recalls its determination to upgrade the strategic 
oversight of peacekeeping operations mindful of the important 
role peacekeeping operations play for the protection of 
civilians and reaffirms its support to the efforts made by 
the Secretary-General to review peacekeeping operations and 
to provide enhanced planning and support and renews its 
encouragement to deepen these efforts, in partnership with 
troop and police contributing countries and other relevant 
stakeholders; 
 
¶19.       Reaffirms its practice of ensuring that mandates of 
UN peacekeeping and other relevant missions include, where 
appropriate and on a case-by-case basis, provisions regarding 
the protection of civilians, stresses that mandated 
protection activities must be given priority in decisions 
about the use of available capacity and resources, including 
information and intelligence resources, in the implementation 
of mandates; and recognizes, that the protection of civilians 
when and as mandated requires a coordinated response from all 
relevant mission components; 
 
¶20.       Reaffirms also the importance of entrusting 
peacekeeping and other relevant missions that are tasked with 
the protection of civilians with clear, credible and 
achievable mandates, based on accurate and reliable 
information on the situation on the ground, and a realistic 
assessment of threats against civilians and missions, made in 
consultation with all relevant stakeholders, and further 
reaffirms the importance of a greater awareness in the 
Security Council of the resource and field support 
implications of its decisions and stresses the necessity to 
ensure the execution of the afore-mentioned mandates to 
protect civilians in the field; 
 
¶21.       Recognizes the necessity to take into account the 
protection needs of civilians in situations of armed 
conflict, in particular women and children, in the early 
phase of mandate drafting and throughout the lifecycle of 
United Nations peacekeeping and other relevant missions and 
in this regard underlines the importance of engagement with 
the countries concerned and of close consultation with the 
Secretariat, troop and police contributing countries, and 
other relevant actors; 
 
¶22.      Recognizes also the need for comprehensive 
operational guidance on peacekeeping missions, tasks and 
responsibilities in the implementation of protection of 
civilians mandates and requests the Secretary-General to 
develop in close consultation with Member States including 
troop and police contributing countries and other relevant 
actors, an operational concept for the protection of 
civilians, and to report back on progress made; 
 
¶23.       Requests the Secretary-General, in consultation 
with relevant actors, to ensure that peacekeeping missions 
with protection of civilians, mandates, in keeping with the 
strategic plans that guide their deployment, conduct 
mission-wide planning, pre-deployment training, and senior 
leadership training on the protection of civilians and 
requests troop and police contributing countries to ensure 
the provision of appropriate training of their personnel 
participating in UN peacekeeping and other relevant missions 
to heighten the awareness and responsiveness to protection 
concerns, including training on HIV/AIDS and zero tolerance 
of sexual exploitation and abuse in UN peacekeeping missions; 
 
¶24.    Requests the Secretary-General to ensure that all 
relevant peacekeeping missions with protection mandates 
incorporate comprehensive protection strategies into the 
overall mission implementation plans and contingency plans 
which include assessments of potential threats and options 
for crisis response and risk mitigation and establish 
priorities, actions and clear roles and responsibilities 
under the leadership and coordination of the SRSG, with the 
full involvement of all relevant actors and in consultation 
with United Nations Country teams; 
 
¶25.    Requests the Secretary-General to ensure that United 
Nations missions provide local communities with adequate 
information with regard to the role of the mission and in 
this regard ensure coordination between a United Nations 
mission and relevant humanitarian agencies; 
 
¶26.        Takes note of practical measures taken by ongoing 
peacekeeping missions and United Nations Country Teams to 
enhance the protection of civilians in the field, and 
requests the Secretary-General to include best practices in 
his next report on protection of civilians to the Council; 
 
¶27.        Reaffirms its practice of requiring benchmarks, as 
and where appropriate, to measure and review progress made in 
the implementation of peacekeeping mandates and stresses the 
importance of including indicators of progress regarding the 
protection of civilians in such benchmarks for relevant 
missions; 
 
¶28.        Emphasizes the need for a comprehensive approach 
to facilitate the implementation of protection mandates 
through promoting economic growth, good governance, 
democracy, the rule of law, and respect for, and protection 
of human rights, and in this regard, urges the cooperation of 
Member States and underlines the importance of a coherent, 
comprehensive and coordinated approach by the principal 
organs of the United Nations, cooperating with one another 
and within their respective mandates; 
 
¶29.  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 civilians and undermine security and the confidence 
required for a return to peace and stability, calls on 
parties to armed conflict to take all feasible precautions to 
protect the civilian population, including children, from the 
effects of landmines and other explosive remnants of war, and 
in this regard, encourages the international community to 
support country efforts in clearing landmines and other 
explosive remnants of war and to provide assistance for the 
care, rehabilitation and economic and social reintegration of 
victims, including persons with disabilities; 
 
¶30.         Reiterates the importance of the Aide Memoire on 
the protection of civilians (S/PRST/2009) as a practical tool 
that provides a basis for improved analysis and diagnosis of 
key protection issues, particularly during deliberations on 
peacekeeping mandates and stresses the need to implement the 
approaches set out therein on a more regular and consistent 
basis, taking into account the particular circumstances of 
each conflict situation; 
 
¶31.      Recognises the important role of the 
Secretary-General in providing timely information to the 
Security Council on protection of civilians in armed conflict 
in particular through thematic and country specific reports 
and through briefings; 
 
¶32.   Requests the Secretary-General to include in his 
reports to the Council on country-specific situations more 
comprehensive and detailed information relating to the 
protection of civilians in armed conflict, including on 
protection-related incidents and actions taken by parties to 
armed conflict to implement their obligations to respect and 
protect the civilian population, including information 
specific to the protection needs of refugees, internally 
displaced persons, women, children and other vulnerable 
groups; 
 
¶33.    Requests the Secretary-General to develop guidance for 
UN peacekeeping and other relevant missions on the reporting 
on the protection of civilians in armed conflict with a view 
to streamlining reporting and enhancing the Council,s 
monitoring and oversight of the implementation of protection 
mandates of UN peacekeeping and other missions; 
 
¶34.      Stresses the importance of consultation and 
cooperation between the United Nations, the International 
Committee of the Red Cross and other relevant organisations 
including regional organisations to improve the protection of 
civilians in armed conflict; 
 
¶35.      Requests the Secretary-General to submit his next 
report on the protection of civilians in armed conflict by 
November 2010; 
 
¶36.       Decides to remain seized of the matter. 
CLINTON