United Nations Security Council Resolution 1265 – Protection of civilians in armed conflict
Resolution 1265 (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 ofcivilians,
Noting that civilians account for the vast majority of casualties in armedconflicts and are increasingly targeted by combatants and armed elements,gravely concerned by the hardships borne by civilians during armed conflict, inparticular 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 ondurable 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 acomprehensive 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 internationalhumanitarian, human rights and refugee law and principles during armed conflict,in particular deliberate acts of violence against all those protected under suchlaw, and expressing also its concern at the denial of safe and unimpeded accessto people in need,
Underlining the importance of the widest possible dissemination ofinternational humanitarian, human rights and refugee law and of relevanttraining for, inter alia, civilian police, armed forces, members of the judicialand legal professions, civil society and personnel of international and regionalorganizations,
Recalling the statement of its President of 8 July 1999 (S/PRST/1999/21),and emphasizing its call for the inclusion, as appropriate, within specificpeace agreements and, on a case-by-case basis, within United Nationspeacekeeping mandates, of clear terms for the disarmament, demobilization andreintegration of ex-combatants, including the safe and timely disposal of armsand ammunition,
Mindful of the particular vulnerability of refugees and internallydisplaced persons, and reaffirming the primary responsibility of States toensure 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 asreferred 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,
- Welcomes the report of the Secretary-General of 8 September 1999, andtakes note of the comprehensive recommendations contained therein;
2. Strongly condemns the deliberate targeting of civilians in situationsof armed conflict as well as attacks on objects protected under internationallaw, and calls on all parties to put an end to such practices;
3. Emphasizes the importance of preventing conflicts which could endangerinternational peace and security and, in this context, highlights the importanceof implementing appropriate preventive measures to resolve conflicts, includingthe use of United Nations and other dispute settlement mechanisms and ofpreventive military and civilian deployments, in accordance with the relevantprovisions of the Charter of the United Nations, resolutions of the SecurityCouncil and relevant international instruments;
4. Urges all parties concerned to comply strictly with their obligationsunder international humanitarian, human rights and refugee law, in particularthose contained in the Hague Conventions of 1899 and 1907 and in the GenevaConventions of 1949 and their Additional Protocols of 1977, as well as with thedecisions of the Security Council;
5. Calls on States which have not already done so to consider ratifyingthe major instruments of international humanitarian, human rights and refugeelaw, and to take appropriate legislative, judicial and administrative measuresto implement these instruments domestically, drawing on technical assistance, asappropriate, from relevant international organizations including theInternational Committee of the Red Cross and United Nations bodies;
6. Emphasizes the responsibility of States to end impunity and toprosecute those responsible for genocide, crimes against humanity and seriousviolations of international humanitarian law, affirms the possibility, to thisend, of using the International Fact-Finding Commission established byArticle 90 of the First Additional Protocol to the Geneva Conventions, reaffirmsthe importance of the work being done by the ad hoc Tribunals for the formerYugoslavia and Rwanda, stresses the obligation of all States to cooperate fullywith the Tribunals, and acknowledges the historic significance of the adoptionof the Rome Statute of the International Criminal Court which is open forsignature and ratification by States;
7. Underlines the importance of safe and unhindered access ofhumanitarian personnel to civilians in armed conflict, including refugees andinternally displaced persons, and the protection of humanitarian assistance tothem, 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 andfreedom of movement of United Nations and associated personnel, as well aspersonnel of international humanitarian organizations, and recalls in thisregard the statements of its President of 12 March 1997 (S/PRST/1997/13) and29 September 1998;
9. Takes note of the entry into force of the Convention on the Safety ofUnited Nations and Associated Personnel of 1994, recalls the relevant principlescontained therein, urges all parties to armed conflicts to respect fully thestatus of United Nations and associated personnel and, in this regard, condemnsattacks and the use of force against United Nations and associated personnel, aswell as personnel of international humanitarian organizations, and affirms theneed to hold accountable those who commit such acts;
10. Expresses its willingness to respond to situations of armed conflictwhere civilians are being targeted or humanitarian assistance to civilians isbeing deliberately obstructed, including through the consideration ofappropriate measures at the Council’s disposal in accordance with the Charter ofthe 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 peaceagreements and mandates of United Nations peacekeeping missions, of specific andadequate measures for the disarmament, demobilization and reintegration ofex-combatants, with special attention given to the demobilization and reintegration of child soldiers, as well as clear and detailed arrangements forthe destruction of surplus arms and ammunition and, in this regard, recalls thestatement 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 assistanceprovisions for groups requiring particular attention, including women andchildren;
14. Requests the Secretary-General to ensure that United Nations personnelinvolved in peacemaking, peacekeeping and peace-building activities haveappropriate training in international humanitarian, human rights and refugeelaw, including child and gender-related provisions, negotiation andcommunication skills, cultural awareness and civilian-military coordination, andurges States and relevant international and regional organizations to ensurethat appropriate training is included in their programmes for personnel involvedin similar activities;
15. Underlines the importance of civilian police as a component ofpeacekeeping operations, recognizes the role of police in assuring the safetyand well-being of civilians and, in this regard, acknowledges the need toenhance the capacity of the United Nations for the rapid deployment of qualifiedand well-trained civilian police;
16. Reaffirms its readiness, whenever measures are adopted underArticle 41 of the Charter of the United Nations, to give consideration to theirimpact on the civilian population, bearing in mind the needs of children, inorder to consider appropriate humanitarian exemptions;
17. Notes that the excessive accumulation and destabilizing effect ofsmall arms and light weapons pose a considerable impediment to the provision of humanitarian assistance and have a potential to exacerbate and prolongconflicts, endanger the lives of civilians and undermine security and theconfidence 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 theirDestruction of 1997 and the amended Protocol on Prohibitions or Restrictions onthe Use of Mines, Booby Traps and Other Devices (Protocol II) annexed to theConvention on Prohibitions or Restrictions on the Use of Certain ConventionalWeapons Which May Be Deemed to Be Excessively Injurious or to HaveIndiscriminate Effects of 1980, recalls the relevant provisions containedtherein, and notes the beneficial effect that their implementation will have onthe safety of civilians;
19. Reiterates its grave concern at the harmful and widespread impact ofarmed conflict on children, recalls its resolution 1261 (1999) of25 August 1999, and reaffirms the recommendations contained therein;
20. Stresses the importance of consultation and cooperation between theUnited Nations, the International Committee of the Red Cross and other relevantorganizations, including regional organizations, on follow-up to the report of the Secretary-General and encourages the Secretary-General to continueconsultations on this subject and to take concrete actions aimed at enhancingthe capacity of the United Nations to improve the protection of civilians inarmed conflict;
21. Expresses its willingness also to work in cooperation with regional organizations to examine how these bodies might better enhance the protection ofcivilians in armed conflict;
22. Decides to establish immediately an appropriate mechanism to reviewfurther the recommendations contained in the report of the Secretary-General andto consider appropriate steps by April 2000 in accordance with itsresponsibilities under the Charter of the United Nations;
23. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 4046th meeting,on 17 September 1999.
