Chapter I: International peace and security commitment required determined action to meet five core challenges: enhancing compliance with international law by parties to conflict, particularly in the conduct of hostilities; enhancing compliance with the law by non-State armed groups; enhancing protection through more effective and better resourced peacekeeping; enhancing humanitarian access; and enhancing accountability for violations of the law. To promote systematic compliance with the law, the Council should use all available opportunities to condemn violations and demand compliance by parties with their obligations; publicly threaten and, if necessary, apply targeted measures against the leadership of parties that consistently defied those demands and routinely violated their obligations to respect civilians; and systematically request reports on violations and consider mandating commissions of inquiry—including with a view to identifying those responsible and either prosecuting them or referring the situation to the International Criminal Court (icc). Among measures to enhance compliance by nonState armed groups, a first useful step might be to convene an “Arria formula” meeting to discuss the experience of United Nations and non-governmental actors in working with such armed groups, and to identify additional measures that the Council and Member States could take to improve compliance. The inclusion of protection activities within the mandates of UN peacekeeping and other missions had been a significant development in the Council’s efforts to improve protection on the ground. To that end, more missions were beginning to develop mission-specific protection strategies and action plans. With respect to humanitarian access, the Council should consistently call for the immediate removal of impediments to humanitarian access that violated international humanitarian law, requesting strict compliance by all parties with their obligations to allow and facilitate the rapid and unimpeded passage of relief consignments, equipment and personnel. The Council was also urged to address attacks and other violations against humanitarian workers, including the application of targeted measures against individuals responsible for such attacks and the referral of grave instances to the icc. To enhance accountability, Member States should prosecute those suspected of genocide, crimes against humanity and war crimes, provide training to combatants on international humanitarian law and human rights law and adopt legislation to prosecute persons suspected of genocide, crimes against humanity, war crimes and other serious violations of human rights law. The Council was urged to insist that Member States cooperate fully with the icc and enforce such cooperation through targeted measures.
59 The Secretary-General concluded that the last 10 years had provided a tantalizing sense of the potential of the protection of civilians agenda. The task was to take the necessary steps to fully realize that potential and meet the five core challenges identified in the report. The recommendations of the report were premised on the need to enhance compliance and accountability in conflict—compliance by all parties with the applicable law and the demands of the Security Council, and accountability for those individuals and parties that failed to comply. The Council had the tools required to take forward the recommendations of the report. In practice, that entailed consistent application of the aide-memoire on the protection of civilians annexed to presidential statement S/PRST/2009/1; regular meetings of the Security Council Expert Group on the Protection of Civilians prior to establishing or renewing peacekeeping mandates; consistent condemnation of violations of the law by all parties to conflict, without exception; ensuring of compliance through targeted measures, commissions of inquiry and referral of situations to the icc; and timely deployment of peacekeeping missions or additional temporary capacity with robust protection mandates. Security Council consideration (June). On 26 June, the Council held a day-long debate [meeting 6151] to discuss the Secretary-General’s report, hearing a briefing by Mr. Holmes, the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, who gave a detailed account of the sufferings of millions of civilians trapped in armed conflict or forced into flight. He said that, despite progress in the past 10 years, particularly with respect to the Council’s involvement, the situation on the ground remained largely unchanged. Civilians continued to bear the brunt of the armed conflicts, and much greater efforts were required to enhance compliance with the applicable laws and accountability on the part of those who failed to do so. During the ensuing debate, in which more than 40 delegations participated, speakers stressed the need for all parties to conflict to respect international humanitarian law and provide safe and unhindered access for humanitarian aid. Security Council consideration (November). On 11 November [meeting 6216], the Security Council held a day-long meeting on the protection of civilians in armed conflict. The Council had before it a concept paper [S/2009/567] submitted by Austria. Opening the discussion, the Secretary-General welcomed the prominent place that the protection of civilians had assumed on the Council’s agenda, noting, however, that much remained to be done to effectively protect civilians in all conflicts. Appalling levels of human suffering pointed to a fundamental failure