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Sovereign Law Series

UN Security Council Resolution
“Protection of Civilians in Armed
Conflict” of 2006


Short-Form Reference:

2006 UN-SC “Protection of Civilians in Armed Conflict”

In-Line Micro Reference:

2006 UN-SC “Protection of Civilians”

Ratification / Registration:

UN-SC Res. 1674 (28 April 2006)


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Introductory Notes by the Independent Judiciary

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Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
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international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
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added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

UN Security Council Resolution
“Protection of Civilians in Armed Conflict”

The Security Council,

Reaffirming its Resolutions 1265 (1999) and 1296 (2000) on the Protection of Civilians
in Armed Conflict, its various resolutions on children and armed conflict and on
women, peace and security, as well as its Resolution 1631 (2005) on cooperation
between the United Nations and regional organizations in maintaining international
peace and security, and further reaffirming its determination to ensure respect for,
and follow-up to, these resolutions;

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;

Acknowledging that peace and security, development and human rights are the pillars
of the United Nations system and the foundations for collective security and well-
being, and recognizing in this regard that development, peace and security and human
rights are interlinked and mutually reinforcing;

Expressing its deep regret that civilians account for the vast majority of casualties in
situations of armed conflict;

Gravely concerned with the effects of the illicit exploitation and trafficking of natural
resources, as well as the illicit trafficking of small arms and light weapons, and the use
of such weapons on civilians affected by armed conflict;

Recognizing the important contribution to the protection of civilians in armed conflict
by regional organizations, and acknowledging in this regard, the steps taken by the
African Union;

Recognizing the important role that education can play in supporting efforts to halt
and prevent abuses committed against civilians affected by armed conflict, in
particular efforts to prevent sexual exploitation, trafficking in humans, and violations
of applicable international law regarding the recruitment and re-recruitment of child
soldiers;
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Recalling the particular impact which 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, and stressing the protection and assistance
needs of all affected civilian populations;

Reaffirming that parties to armed conflict bear the primary responsibility to take all
feasible steps to ensure the protection of affected civilians;

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:

1. Notes with appreciation the contribution of the Report of the Secretary-General
of 28 November 2005 to its understanding of the issues surrounding the protection of
civilians in armed conflict, and takes note of its conclusions;

2.
Emphasizes the importance of preventing armed conflict and its recurrence, and
stresses in this context the need for a comprehensive approach through promoting
economic growth, poverty eradication,
sustainable development, national
reconciliation, 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;

3.
Recalls that deliberately targeting civilians and other protected persons as such
in situations of armed conflict is a flagrant violation of international humanitarian law,
reiterates its condemnation in the strongest terms of such practices, and demands
that all parties immediately put an end to such practices;

4.
Reaffirms the provisions of Paragraphs 138 and 139 of the 2005 World Summit
Outcome Document regarding the Responsibility to Protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity;

5.
Reaffirms also its condemnation in the strongest terms of all acts of violence or
abuses committed against civilians in situations of armed conflict in violation of
applicable international obligations with respect in particular to (i) torture and other
prohibited treatment, (ii) gender-based and sexual violence, (iii) violence against
children, (iv) the recruitment and use of child soldiers, (v) trafficking in humans, (vi)
forced displacement, and (vii) the intentional denial of humanitarian assistance, and
demands that all parties put an end to such practices;

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6.
Demands that all parties concerned comply strictly with the obligations
applicable to them under international 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;

7.
Reaffirms that ending impunity is essential if a society in conflict or recovering
from conflict is to come to terms with past abuses committed against civilians affected
by armed conflict and to prevent future such abuses, draws attention to the full range
of justice and reconciliation mechanisms to be considered, including national,
international and “mixed” criminal courts and tribunals and truth and reconciliation
commissions, and notes that such mechanisms can promote not only individual
responsibility for serious crimes, but also peace, truth, reconciliation and the rights of
the victims;

8.
Emphasizes in this context 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, while recognizing, for States in or recovering from armed conflict,
the need to restore or build independent national judicial systems and institutions;

9.
Calls on States that have not already done so to consider ratifying the
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;

10. Demands that all States 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;

11. Calls upon all parties concerned to ensure that all peace processes, peace
agreements and post-conflict recovery and reconstruction planning have regard for
the special needs of women and children and include specific measures for the
protection of civilians including (i) the cessation of attacks on civilians, (ii) the
facilitation of the provision of humanitarian assistance, (iii) the creation of conditions
conducive to the voluntary, safe, dignified and sustainable return of refugees and
internally displaced persons, (iv) the facilitation of early access to education and
training, (v) the re-establishment of the rule of law, and (vi) the ending of impunity;

12. Recalls the prohibition of the forcible displacement of civilians in situations of
armed conflict under circumstances that are in violation of parties’ obligations under
international humanitarian law;

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13. Urges the international community to provide support and assistance to enable
States to fulfill their responsibilities regarding the protection of refugees and other
persons protected under international humanitarian law;

14. Reaffirms the need to maintain the security and civilian character of refugee and
internally displaced person camps, stresses the primary responsibility of States in this
regard, and encourages the Secretary-General where necessary and in the context of
existing peacekeeping operations and their respective mandates, to take all feasible
measures to ensure security in and around such camps and of their inhabitants;

15. Expresses its intention of continuing its collaboration with the United Nations
Emergency Relief Coordinator, and invites the Secretary-General to fully associate him
from the earliest stages of the planning of United Nations peacekeeping and other
relevant missions;

16. Reaffirms its practice of ensuring that the mandates of United Nations
peacekeeping, political and peacebuilding missions include, where appropriate and on
a case-by-case basis, provisions regarding (i) the protection of civilians, particularly
those under imminent threat of physical danger within their zones of operation, (ii)
the facilitation of the provision of humanitarian assistance, and (iii) the creation of
conditions conducive to the voluntary, safe, dignified and sustainable return of
refugees and internally displaced persons, and expresses its intention of ensuring that
(i) such mandates include clear guidelines as to what missions can and should do to
achieve those goals, (ii) the protection of civilians is given priority in decisions about
the use of available capacity and resources, including information and intelligence
resources, in the implementation of the mandates, and (iii) that protection mandates
are implemented;

17. Reaffirms that, where appropriate, United Nations peacekeeping and other
relevant missions should provide for the dissemination of information about
international humanitarian, human rights and refugee law and the application of
relevant Security Council resolutions;

18. Underscores the importance of disarmament, demobilization and reintegration
of ex-combatants (DDR) in the protection of civilians affected by armed conflict, and,
in this regard, emphasizes (i) its support for the inclusion in mandates of United
Nations peacekeeping and other relevant missions, where appropriate and on a case-
by-case basis, of specific and effective measures for DDR, (ii) the importance of
incorporating such activities into specific peace agreements, where appropriate and in
consultation with the parties, and (iii) the importance of adequate resources being
made available for the full completion of DDR programmes and activities;

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19. Condemns in the strongest terms all sexual and other forms of violence
committed against civilians in armed conflict, in particular women and children, and
undertakes to ensure that all peace support operations employ all feasible measures
to prevent such violence and to address its impact where it takes place;

20. Condemns in equally strong terms all acts of sexual exploitation, abuse and
trafficking of women and children by military, police and civilian personnel involved in
United Nations operations, welcomes the efforts undertaken by United Nations
agencies and peacekeeping operations to implement a zero-tolerance policy in this
regard, and requests the Secretary-General and personnel-contributing countries to
continue to take all appropriate action necessary to combat these abuses by such
personnel, including through the full implementation without delay of those measures
adopted
in
the relevant General Assembly resolutions based upon the
recommendations of the report of the Special Committee on Peacekeeping,
A/59/19/Rev.1;

21. Stresses the importance for all, within the framework of humanitarian
assistance, of upholding and respecting the humanitarian principles of humanity,
neutrality, impartiality and independence;

22. Urges all those concerned as set forth in international humanitarian law,
including the Geneva Conventions and the Hague Regulations, to allow full unimpeded
access by humanitarian personnel to civilians in need of assistance in situations of
armed conflict, and to make available, as far as possible, all necessary facilities for
their operations, and to promote the safety, security and freedom of movement of
humanitarian personnel and United Nations and its associated personnel and their
assets;

23. Condemns all attacks deliberately targeting United Nations and associated
personnel involved in humanitarian missions, as well as other humanitarian personnel,
urges States on whose territory such attacks occur to prosecute or extradite those
responsible, and welcomes in this regard the adoption on 8 December 2005 by the
General Assembly of the Optional Protocol to the Convention on the Safety of United
Nations and Associated Personnel;

24. Recognizes the increasingly valuable role that regional organizations and other
intergovernmental institutions play in the protection of civilians, and encourages the
Secretary-General and the heads of regional and other
intergovernmental
organizations to continue their efforts to strengthen their partnership in this regard;

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25. Reiterates its invitation to the Secretary-General to continue to refer to the
Council relevant information and analysis regarding the protection of civilians where
he believes that such information or analysis could contribute to the resolution of
issues before it, requests him to continue to include in his written reports to the
Council on matters of which it is seized, as appropriate, observations relating to the
protection of civilians in armed conflict, and encourages him to continue consultations
and take concrete steps to enhance the capacity of the United Nations in this regard;

26. Notes that the deliberate targeting of civilians and other protected persons, and
the commission of systematic, flagrant and widespread violations of 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;

27. Requests the Secretary-General to submit his next report on the protection of
civilians in armed conflict within 18 months of the date of this resolution;

28. Decides to remain seized of the matter.