S/RES/2106 (2013)
boys and those secondarily traumatized as forced witnesses of sexual violence
against family members; and emphasizing that acts of sexual violence in such
situations not only severely impede the critical contributions of women to society,
but also impede durable peace and security as well as sustainable development,
Recognizing that States bear the primary responsibility to respect and ensure
the human rights of all persons within their territory and subject to their jurisdiction
as provided for by international law; and reaffirming that parties to armed conflict
bear the primary responsibility to ensure the protection of civilians,
Reaffirming its respect for the sovereignty, territorial integrity and political
independence of all States in accordance with the Charter,
Recalling the inclusion of a range of sexual violence offences in the Rome
Statute of the International Criminal Court (ICC) and the statutes of the ad hoc
international criminal tribunals,
Noting the provision in the Arms Trade Treaty that exporting States Parties
shall take into account the risk of covered conventional arms or items being used to
commit or facilitate serious acts of gender-based violence or serious acts of violence
against women and children,
Further recalling that international humanitarian law prohibits rape and other
forms of sexual violence,
Recalling the Human Rights Due Diligence Policy on United Nations Support
to non-United Nations Security Forces as a tool to enhance compliance with
international humanitarian, human rights and refugee law, including to address
sexual violence in armed conflict and post-conflict situations,
Having considered the report of the Secretary-General and stressing that the
present resolution does not seek to make any legal determination as to whether
situations that are referred to in the Secretary-General’s report are or are not armed
conflicts within the context of the Geneva Conventions and the Additional Protocols
thereto, nor does it prejudge the legal status of non-State parties involved in these
situations,
Affirms that sexual violence, when used or commissioned as a method or
1.
tactic of war or as a part of a widespread or systematic attack against civilian
populations, can significantly exacerbate and prolong situations of armed conflict
and may impede the restoration of international peace and security; emphasizes in
this regard that effective steps to prevent and respond to such acts significantly
contribute to the maintenance of international peace and security; and stresses
women’s participation as essential to any prevention and protection response;
2.
Notes that sexual violence can constitute a crime against humanity or a
constitutive act with respect to genocide; further recalls that rape and other forms of
serious sexual violence in armed conflict are war crimes; calls upon Member States
to comply with their relevant obligations to continue to fight impunity by
investigating and prosecuting those subject to their jurisdiction who are responsible
for such crimes; encourages Member States to include the full range of crimes of
sexual violence in national penal legislation to enable prosecutions for such acts;
recognizes that effective investigation and documentation of sexual violence in
armed conflict is instrumental both in bringing perpetrators to justice and ensuring
access to justice for survivors;
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