A/66/256
primary duty-bearers for the protection of children, should work in partnership with
the United Nations to ensure that time-bound and effective measures, including
action plans, are put in place by all parties.
E.
Targeted and graduated measures
59. Efforts to strengthen the links between the work of the Security Council on
children and armed conflict and its sanctions regime is an area of ongoing work.
Targeted and graduated sanctions should be applied against persistent perpetrators
as a measure of last resort, when all other means have failed to end impunity for
crimes committed against children. In its most recent resolution on children and
armed conflict (resolution 1998 (2011)), the Security Council reaffirmed its
readiness, expressed in previous resolutions and presidential statements, to adopt
targeted and graduated measures against persistent perpetrators of grave violations
against children, and increasingly to integrate violations against children into its
sanctions regimes.
60. In response, in May of this year, the Special Representative briefed the
Security Council Committee pursuant to resolutions 751 (1992) and 1907 (2009)
concerning Somalia and Eritrea, proposing the addition of grave violations against
children as designation criteria for sanctions. The Security Council, by its resolution
2002 (2011), expanded the sanctions regime in Somalia to include grave violations
against children in armed conflict in its designation criteria. Closer collaboration
between the Security Council Committee pursuant to resolutions 751 (1992) and
1907 (2009) concerning Somalia and Eritrea and the Security Council Working
Group on Children and Armed Conflict will enhance coherence in the work of the
Council and strengthen its actions against impunity. Going forward, it will be
critical to expand this practice to other sanctions committees which address
persistent perpetrators of grave violations against children.
F.
Role of Governments in protecting children affected by conflict
61. Governments bear the primary responsibility for the protection of children and,
more widely, of civilians. A number of steps must be taken to build a protective
environment for children, before, during and after conflict. Foremost is the
establishment of a national legal framework enshrining international norms that
upholds the rights of children and protects them from the consequences of conflict.
In this regard, the ratification and subsequent implementation of the Convention on
the Rights of the Child, inter alia through translation into national legislation,
followed by the necessary administrative, budgetary and social policy adjustments,
is a key foundational step towards the protection of children. Further child-specific
legal instruments, such as child protection codes or acts, which include a gamut of
measures from juvenile justice to punitive measures against violations and abuses of
child rights, have provided an additional layer of legal protection in States affected
by conflict.
62. Where societies are emerging from conflict, transitional justice mechanisms
should be put in place by national authorities to ensure that wartime crimes against
children are accounted for. Transitional justice mechanisms based on judicial
processes may be complemented by non-judicial accountability mechanisms. These
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