UNSC dealing with Children in Armed Conflicts - S/RES/1998 (2011)

S/RES/1998 explores the elements of the United Nations system that deal with the protection of children in armed conflict. It is a mostly bureaucratic document that calls upon the Member States to develop action plans that deal with the issue in the areas of conflict. The resolution mostly calls upon different parties to cooperate among each other to mitigate the question of children in armed conflict in the areas. The overarching goal of the document urges different actors to work towards the implementation of the international law measures on children in armed conflict. There is little innovation in the resolution, it mostly recalls other established documents in international law.



Preamble

The document initiates by reaffirming some of the resolutions relevant, as well as the Presidential Statements and also points out the primary responsibility of the Council on the maintenance of international peace and security and its connection to children in armed conflict. It also moves on to call all parties to armed conflicts to comply with the obligations applicable to them under international law regarding the protection of children. The document acknowledges the progress that has been made with the implementation of a resolution from 2005 and one from 2009 on children in armed conflict which lead to a more systematic dialogue with UN country-level task forces. It also stresses the primary role of governments in providing protection and relief to all children affected by armed conflict and convinced that the protection of children in armed conflict should be an aspect in any comprehensive strategy to deal with armed conflict.

The preamble puts that it is among the State’s responsibilities to end impunity regarding crimes against children and also points out that the perpetrators of crimes against children should be brought to justice. It also notes the relevant provisions of the Rome Statue and stresses that the present resolution does not make any legal determination. The preamble also expresses deep concerns regarding attacks and threats of attacks in contravention of relevant international law and it also recalls the provisions of a UN General Assembly resolution regarding children in armed conflict. It notes as well the importance of the right of the child to education as set forth under the Convention on the Rights of the Child.

Operative Clauses

The resolution initiates by condemning all violations of applicable international law related to the recruitment and use of children in armed conflict as well as attacks against schools or hospitals. It reaffirms the monitoring and reporting mechanisms that will continue to be implemented in report by the Secretary-General. It also recalls the importance of the annexes to the reports of the Secretary-General of recurrent attacks on schools, hospitals and other threats against protected persons. It urges parties to armed conflicts to refrain from actions that impede children’s access to education or health services as well as invites the Secretary-General and his Special Representative to exchange information and maintain interaction with the governments concerned.

The resolution takes note that some parties to armed conflict have responded to the call to implement time-bound action plans to halt recruitment and use of children in violation of applicable international law, while reiterating the need for other parties involved in armed conflicts to have those concrete time-bound action plans. In the context, the resolution encourages the Member States to facilitate the development and implementation of those time-bound action plans. It also invites the UN country-level task forces to consider including in their reports the relevant information provided by the government concerned. It reiterates the determination to ensure respect for its resolutions on children and armed conflict and for that effort it welcomes activities from its Working Group on Children and Armed Conflict. It also expresses deep concern on the persistence in violations and abuses, requests enhanced communication between the Working Group and relevant UNSC Sanctions Committees and for that it encourages the Sanctions Committees to work with the Special Representative of the Secretary-General and to consider the inclusion of provisions related to the parties to armed conflict that are engaged in activities in violation of international law.

The document encourages the Member States to continue to communicate relevant information to the Council related to the implementation of the resolutions and also calls upon the States to take decisive and immediate action against persistent perpetrators of violations and abuses committed against children. It also stresses the responsibility of the UN country-level task forces on monitoring and reporting consistently with their established mandate. It also reiterates that the Secretary-General includes in all his reports the matter of children and armed conflict as well as calling for specific provisions for protection of children in the mandates of all relevant UN missions. There is also a requests to establish appropriate strategies and coordination mechanisms for information exchange and cooperation on child protection concerns, it further welcomes the progress achieved at the moment and to have a follow up on the Secretary-General’s recommendations. It requests the Secretary-General to continue to bring monitoring and reporting mechanisms to its full capacity and stresses the effective disarmament, demobilization and reintegration programs for children, under guidance of UNICEF.

The operative clauses also call upon the interested parties concerned with the protection, rights, well-being and empowerment of children affected by armed conflict be integrated into all peace processes. It also invites the Special Representative to brief the Council on the modalities of the inclusion of parties into the annexes that handle children in armed conflicts. The resolution also directs its Working Group to assess a broad range of options to increase pressure on persistent perpetrators of violations and abuses committed against children. It also requests the Secretary-General to submit a report related to those issues, including an annex list of parties in the situations of armed conflict; information on measures taken by these parties to address the issues; information on progress made and information on the criteria and procedures used for listing and de-listing parties in those annexes. It rounds the resolution by deciding to remain seized of the matter.