IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
months, specific proposals on ways to ensure monitoring and reporting
in a more effective and efficient way within the existing United Nations
system on the protection of women and children from rape and other
sexual violence in armed conflict and post-conflict situations, utilizing
expertise from the United Nations system and the contributions of national
Governments, regional organizations, non-governmental organizations
in their advisory capacity and various civil society actors, in order to
provide timely, objective, accurate and reliable information on gaps in
United Nations entities response, for consideration in taking appropriate
action”. In resolution 1894 (2009), on civilians in armed conflicts, the
Security Council considered “the possibility […] of using the International
Fact-Finding Commission established by article 90 of the First Additional
Protocol to the Geneva Conventions” in order to receive information on
alleged violations of applicable international law relating to the protection
of civilians.
In its resolution 1674 (2006), the Security Council recognized that
development, peace and security and human rights are interlinked and
mutually reinforcing and noted “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”. It further noted, in its resolution 1894 (2009), that
“the deliberate targeting of civilians as such and other protected persons,
and the commission of systematic, flagrant and widespread violations of
applicable international humanitarian and human rights law in situations
of armed conflict may constitute a threat to international peace and
security” and reaffirmed “its readiness to consider such situations and,
where necessary, to adopt appropriate steps”.
With the adoption of the Rome Statute, the Security Council has also
been given an active role in the fight against impunity for genocide,
war crimes, crimes against humanity and aggression. The Rome Statute
foresees that the Security Council, acting under Chapter VII, may refer to
the International Criminal Court situations in which one or more of such
crimes appears to have been committed. In the exercise of this power, the
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