                United Nations                                                                   S/RES/1894 (2009)*
                Security Council                                                 Distr.: General
                                                                                11 November 2009

                Resolution 1894 (2009)
                Adopted by the Security Council at its 6216th meeting, on
                11 November 2009

                     The Security Council,
                     Reaffirming its commitment to the continuing and full implementation, in a
                mutually-reinforcing manner, of resolutions 1265 (1999), 1296 (2000), 1325 (2000),
                1612 (2005), 1674 (2006), 1738 (2006), 1820 (2008), 1882 (2009), 1888 (2009) and
                1889 (2009), and all relevant statements of its President,
                      Reaffirming its commitment to the Purposes of the Charter of the United
                Nations as set out in Article 1 (1-4) of the Charter, and to the Principles of the
                Charter as set out in Article 2 (1-7) of the Charter, including its commitment to the
                principles of the political independence, sovereign equality and territorial integrity
                of all States, and respect for the sovereignty of all States,
                      Noting that this year marks the tenth anniversary of the progressive
                consideration by the Security Council of the protection of civilians in armed conflict
                as a thematic issue; and acknowledging the enduring need for the Security Council
                and Member States to strengthen further the protection of civilians in armed
                conflict,
                      Noting further that this year also marks the 60th anniversary of the Geneva
                Conventions of 1949, which together with their Additional Protocols constitute the
                basis for the legal framework for the protection of civilians in armed conflict,
                     Recognizing that States bear the primary responsibility to respect and ensure
                the human rights of their citizens, as well as all individuals within their territory as
                provided for by relevant international law,
                      Reaffirming that parties to armed conflict bear the primary responsibility to
                take all feasible steps to ensure the protection of civilians,
                     Reaffirming the relevant provisions of the 2005 World Summit Outcome
                Document regarding the protection of civilians in armed conflict, including
                paragraphs 138 and 139 thereof regarding the responsibility to protect populations
                from genocide, war crimes, ethnic cleansing and crimes against humanity,
                     Reiterating its deep regret that civilians continue to account for the vast
                majority of casualties in situations of armed conflict,

            * Reissued for technical reasons.

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S/RES/1894 (2009)

                    Stressing the particular impact that armed conflict has on women and children,
               including as refugees and internally displaced persons, as well as on other civilians
               who may have specific vulnerabilities including persons with disabilities and older
               persons, and stressing the protection and assistance needs of all affected civilian
               populations,
                    Noting the adoption of the African Union Convention for the Protection and
               Assistance of Internally Displaced Persons in Africa (2009),
                     Noting with grave concern the severity and prevalence of constraints on
               humanitarian access, as well as the frequency and gravity of attacks against
               humanitarian personnel and objects and the significant implications of such attacks
               for humanitarian operations,
                    Recognizing the need for States in or emerging from armed conflict to restore
               or build accountable security institutions and independent national judicial systems,
                     Recalling the inclusion of war crimes, crimes against humanity and genocide
               in the statutes of the ad hoc international criminal tribunals and the Rome Statute of
               the International Criminal Court, and emphasizing in this regard the principle of
               complementarity,
                     Recognizing the importance of reparations programmes in response to serious
               violations of international humanitarian law and gross human rights violations,
                    Recognizing the importance of empowering vulnerable civilians through
               education and training as a means to support efforts to halt and prevent abuses
               committed against civilians in situations of armed conflict,
                     Recognizing the valuable contribution to the protection of children in armed
               conflict by the SRSG on Children and Armed Conflict and the Security Council
               Working Group on Children and Armed Conflict, including its conclusions and
               recommendations issued in line with resolution 1612 (2005), and recalling
               resolution 1882 (2009), which aims to strengthen the protection of children in
               situations of armed conflict,
                    Recalling its decision in resolution 1888 (2009) to address violence against
               women and children in situations of armed conflict by requesting the Secretary-General to appoint a special representative and to identify and take the appropriate
               measures to deploy rapidly a team of experts to situations of particular concern with
               respect to sexual violence in armed conflict,
                   Noting the practice of briefings to Security Council members by the Office for
               the Coordination of Humanitarian Affairs on behalf of the United Nations’
               humanitarian community, both through formal and informal channels,
                     Taking note of the report of the Secretary-General on the protection of
               civilians of 29 May 2009 (S/2009/277) and its annex on constraints on humanitarian
               access, which identify the core challenges to the effective protection of civilians,
               namely enhancing compliance with international law; enhancing compliance by
               non-State armed groups with their obligations under international law; enhancing
               protection through more effective and better resourced United Nations peacekeeping
               and other relevant missions; enhancing humanitarian access; and enhancing
               accountability for violations,

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                                                                                S/RES/1894 (2009)

      Welcoming the proposals, conclusions and recommendations on the protection
of civilians included in the report of the Special Committee on Peacekeeping
Operations and its Working Group (A/63/19) and the important work conducted by
the Security Council Working Group on Peacekeeping Operations, including its
efforts aimed at enhancing the implementation of protection mandates,
     Recalling the statement of its President of 5 August 2009 (S/PRST/2009/24)
and welcoming ongoing efforts to strengthen UN peacekeeping,
      Noting that United Nations peacekeeping missions constitute one of several
means at the United Nations’ disposal to protect civilians in situations of armed
conflict,
      1.    Demands that parties to armed conflict comply strictly with the
obligations applicable to them under international humanitarian, human rights and
refugee law, as well as to implement all relevant decisions of the Security Council
and in this regard, urges them to take all required measures to respect and protect
the civilian population and meet its basic needs;
     2.    Reiterates its condemnation in the strongest terms of attacks in situations
of armed conflict directed against civilians as such and other protected persons or
objects as well as indiscriminate or disproportionate attacks and the utilisation of
the presence of civilians to render certain points, areas or military forces immune
from military operations, as flagrant violations of international humanitarian law
and demands that all parties immediately put an end to such practices;
      3.   Notes 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 reaffirms in
this regard its readiness to consider such situations and, where necessary, to adopt
appropriate steps;
      4.   Reiterates its willingness to respond to situations of armed conflict where
civilians are being targeted or humanitarian assistance to civilians is being
deliberately obstructed, including through the consideration of appropriate measures
at the Security Council’s disposal in accordance with the Charter of the United
Nations;
      5.   Reiterates its call on States that have not already done so to consider
signing, ratifying or acceding to the relevant instruments of international
humanitarian, human rights and refugee law, and to take appropriate legislative,
judicial and administrative measures to implement their obligations under these
instruments;
     6.    Demands that all States and parties to armed conflict fully implement all
relevant decisions of the Security Council and in this regard cooperate fully with
United Nations peacekeeping missions and Country Teams in the follow-up and
implementation of these resolutions;
     7.    Calls upon all parties concerned,
      (a) to ensure the widest possible dissemination of information about
international humanitarian, human rights and refugee law;

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                     (b) to provide training for public officials, members of armed forces and
               armed groups, personnel associated to armed forces, civilian police and law
               enforcement personnel, and members of the judicial and legal professions; and to
               raise awareness among civil society and the civilian population on relevant
               international humanitarian, human rights and refugee law, as well as on the
               protection, special needs and human rights of women and children in conflict
               situations, to achieve full and effective compliance;
                    (c) to ensure that orders and instructions issued to armed forces and other
               relevant actors are in compliance with applicable international law, and that they are
               observed, inter alia, by establishing effective disciplinary procedures, central to
               which must be the strict adherence to the principle of command responsibility to
               support compliance with international humanitarian law;
                     (d) to seek, where appropriate, support from United Nations peacekeeping
               and other relevant missions, as well as United Nations Country Teams and the
               International Committee of the Red Cross and, where appropriate, other members of
               the International Red Cross and Red Crescent Movement, on training and awareness
               raising on international humanitarian, human rights and refugee law;
                    8.    Emphasizes the importance of addressing in its country specific
               deliberations the compliance of parties to armed conflict with international
               humanitarian, human rights and refugee law; notes the range of existing methods
               used, on a case by case basis, for gathering information on alleged violations of
               applicable international law relating to the protection of civilians and underlines the
               importance in this regard of receiving information that is timely, objective, accurate
               and reliable;
                    9.   Considers the possibility, to this end, of using the International Fact-Finding Commission established by Article 90 of the First Additional Protocol to the
               Geneva Conventions;
                     10. Affirms its strong opposition to impunity for serious violations of
               international humanitarian law and human rights law and emphasizes in this context
               the responsibility of States to comply with their relevant obligations to end impunity
               and to thoroughly investigate and prosecute persons responsible for war crimes,
               genocide, crimes against humanity or other serious violations of international
               humanitarian law in order to prevent violations, avoid their recurrence and seek
               sustainable peace, justice, truth and reconciliation;
                    11. Recalls that accountability for such serious crimes must be ensured by
               taking measures at the national level, and by enhancing international cooperation in
               support of national mechanisms, draws attention to the full range of justice and
               reconciliation mechanisms to be considered, including national, international and
               “mixed” criminal courts and tribunals, and truth and reconciliation commissions, as
               well as national reparation programs for victims and institutional reforms; and
               underlines the Security Council’s role in ending impunity;
                    12. Reaffirms the Security Council’s role in promoting an environment that is
               conducive to the facilitation of humanitarian access to those in need;
                     13. Stresses the importance for all, within the framework of humanitarian
               assistance, of upholding and respecting the humanitarian principles of humanity,
               neutrality, impartiality and independence;

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      14. Stresses the importance for all parties to armed conflict to cooperate with
humanitarian personnel in order to allow and facilitate access to civilian populations
affected by armed conflict;
     15.   Expresses its intention to:
     (a) Call on parties to armed conflict to comply with the obligations
applicable to them under international humanitarian law to take all required steps to
protect civilians and to facilitate the rapid and unimpeded passage of relief
consignments, equipment and personnel,
     (b) Mandate UN peacekeeping and other relevant missions, where
appropriate, to assist in creating conditions conducive to safe, timely and unimpeded
humanitarian assistance,
     16.   Further expresses its intention to:
     (a) Consistently condemn and call for the immediate cessation of all acts of
violence and other forms of intimidation deliberately directed against humanitarian
personnel,
     (b) Call on parties to armed conflict to comply with the obligations
applicable to them under international humanitarian law to respect and protect
humanitarian personnel and consignments used for humanitarian relief operations,
    (c) Take appropriate steps in response to deliberate attacks against
humanitarian personnel;
     17. Invites the Secretary-General to continue the systematic monitoring and
analysis of constraints on humanitarian access, to include as appropriate
observations and recommendations in his briefings and country-specific reports to
the Council;
      18. Recalls its determination to upgrade the strategic oversight of
peacekeeping operations mindful of the important role peacekeeping operations play
for the protection of civilians and reaffirms its support to the efforts made by the
Secretary-General to review peacekeeping operations and to provide enhanced
planning and support and renews its encouragement to deepen these efforts, in
partnership with troop and police contributing countries and other relevant
stakeholders;
      19. Reaffirms its practice of ensuring that mandates of UN peacekeeping and
other relevant missions include, where appropriate and on a case-by-case basis,
provisions regarding the protection of civilians, stresses that mandated protection
activities must be given priority in decisions about the use of available capacity and
resources, including information and intelligence resources, in the implementation
of mandates; and recognizes, that the protection of civilians when and as mandated
requires a coordinated response from all relevant mission components;
      20. Reaffirms also the importance of entrusting peacekeeping and other
relevant missions that are tasked with the protection of civilians with clear, credible
and achievable mandates, based on accurate and reliable information on the
situation on the ground, and a realistic assessment of threats against civilians and
missions, made in consultation with all relevant stakeholders, and further reaffirms
the importance of a greater awareness in the Security Council of the resource and

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               field support implications of its decisions and stresses the necessity to ensure the
               execution of the afore-mentioned mandates to protect civilians in the field;
                     21. Recognizes the necessity to take into account the protection needs of
               civilians in situations of armed conflict, in particular women and children, in the
               early phase of mandate drafting and throughout the lifecycle of United Nations
               peacekeeping and other relevant missions and in this regard underlines the
               importance of engagement with the countries concerned and of close consultation
               with the Secretariat, troop and police contributing countries, and other relevant
               actors;
                     22. Recognizes also the need for comprehensive operational guidance on
               peacekeeping missions’ tasks and responsibilities in the implementation of
               protection of civilians mandates and requests the Secretary-General to develop in
               close consultation with Member States including troop and police contributing
               countries and other relevant actors, an operational concept for the protection of
               civilians, and to report back on progress made;
                     23. Requests the Secretary-General, in consultation with relevant actors, to
               ensure that peacekeeping missions with protection of civilians’ mandates, in keeping
               with the strategic plans that guide their deployment, conduct mission-wide planning,
               pre-deployment training, and senior leadership training on the protection of civilians
               and requests troop and police contributing countries to ensure the provision of
               appropriate training of their personnel participating in UN peacekeeping and other
               relevant missions to heighten the awareness and responsiveness to protection
               concerns, including training on HIV/AIDS and zero tolerance of sexual exploitation
               and abuse in UN peacekeeping missions;
                     24. Requests the Secretary-General to ensure that all relevant peacekeeping
               missions with protection mandates incorporate comprehensive protection strategies
               into the overall mission implementation plans and contingency plans which include
               assessments of potential threats and options for crisis response and risk mitigation
               and establish priorities, actions and clear roles and responsibilities under the
               leadership and coordination of the SRSG, with the full involvement of all relevant
               actors and in consultation with United Nations Country teams;
                    25. Requests the Secretary-General to ensure that United Nations missions
               provide local communities with adequate information with regard to the role of the
               mission and in this regard ensure coordination between a United Nations mission
               and relevant humanitarian agencies;
                     26. Takes note of practical measures taken by ongoing peacekeeping
               missions and United Nations Country Teams to enhance the protection of civilians
               in the field, and requests the Secretary-General to include best practice in his next
               report on protection of civilians to the Council;
                     27. Reaffirms its practice of requiring benchmarks, as and where appropriate,
               to measure and review progress made in the implementation of peacekeeping
               mandates and stresses the importance of including indicators of progress regarding
               the protection of civilians in such benchmarks for relevant missions;
                    28. Emphasizes the need for a comprehensive approach to facilitate the
               implementation of protection mandates through promoting economic growth, good
               governance, democracy, the rule of law, and respect for, and protection of human

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rights, and in this regard, urges the cooperation of Member States and underlines the
importance of a coherent, comprehensive and coordinated approach by the principal
organs of the United Nations, cooperating with one another and within their
respective mandates;
      29. Notes that the excessive accumulation and destabilizing effect of small
arms and light weapons pose a considerable impediment to the provision of
humanitarian assistance and have a potential to exacerbate and prolong conflicts,
endanger civilians and undermine security and the confidence required for a return
to peace and stability, calls on parties to armed conflict to take all feasible
precautions to protect the civilian population, including children, from the effects of
landmines and other explosive remnants of war, and in this regard, encourages the
international community to support country efforts in clearing landmines and other
explosive remnants of war and to provide assistance for the care, rehabilitation and
economic and social reintegration of victims, including persons with disabilities;
      30. Reiterates the importance of the Aide Memoire on the protection of
civilians (S/PRST/2009/1) as a practical tool that provides a basis for improved
analysis and diagnosis of key protection issues, particularly during deliberations on
peacekeeping mandates and stresses the need to implement the approaches set out
therein on a more regular and consistent basis, taking into account the particular
circumstances of each conflict situation;
      31. Recognizes the important role of the Secretary-General in providing
timely information to the Security Council on protection of civilians in armed
conflict in particular through thematic and country specific reports and through
briefings;
      32. Requests the Secretary-General to include in his reports to the Council on
country-specific situations more comprehensive and detailed information relating to
the protection of civilians in armed conflict, including on protection-related
incidents and actions taken by parties to armed conflict to implement their
obligations to respect and protect the civilian population, including information
specific to the protection needs of refugees, internally displaced persons, women,
children and other vulnerable groups;
      33. Requests the Secretary-General to develop guidance for UN
peacekeeping and other relevant missions on the reporting on the protection of
civilians in armed conflict with a view to streamlining reporting and enhancing the
Council’s monitoring and oversight of the implementation of protection mandates of
UN peacekeeping and other missions;
      34. Stresses the importance of consultation and cooperation between the
United Nations, the International Committee of the Red Cross and other relevant
organisations including regional organisations to improve the protection of civilians
in armed conflict;
     35. Requests the Secretary-General to submit his next report on the
protection of civilians in armed conflict by November 2010;
     36.   Decides to remain seized of the matter.

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Security Council resolution 1894 (2009) [on protection of civilians in armed conflict]

S/64 [189] CIVILIAN PERSONS--ARMED CONFLICTS

UN. Security Council > Resolutions and decisions|International Fact-Finding Commission|International Committee of the Red Cross|Aide Mémoire for the Consideration of Issues pertaining to the Protection of Civilians during the Security Council's Deliberation of Peacekeeping Mandates (2002)|CIVILIAN PERSONS|HUMAN RIGHTS IN ARMED CONFLICTS|INTERNATIONAL OBLIGATIONS|PEACEKEEPING OPERATIONS|RESPONSIBILITY TO PROTECT|INTERNATIONAL LAW|INTERNATIONAL SECURITY|SIGNATURES, ACCESSIONS, RATIFICATIONS|PROGRAMME IMPLEMENTATION|INFORMATION DISSEMINATION|TRAINING PROGRAMMES|CHILDREN IN ARMED CONFLICTS|WOMEN IN ARMED CONFLICTS|IMPUNITY|STATE RESPONSIBILITY|ACCOUNTABILITY|JURISDICTION|RELIEF PERSONNEL|HUMANITARIAN ASSISTANCE|HUMAN RIGHTS MONITORING|GUIDELINES|TROOP-CONTRIBUTING STATES|INTERNATIONAL COOPERATION|SMALL ARMS|MINE CLEARANCE|MATERIAL REMNANTS OF WAR|REPORT PREPARATION|COOPERATION BETWEEN ORGANIZATIONS


               United Nations                                                                 S/RES/1895 (2009)
               Security Council                                               Distr.: General
                                                                              18 November 2009

               Resolution 1895 (2009)
               Adopted by the Security Council at its 6220th meeting, on
               18 November 2009

                    The Security Council,
                    Recalling all its previous relevant resolutions concerning the conflicts in the
               former Yugoslavia and relevant statements of its President, including resolutions
               1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1423 (2002)
               of 12 July 2002, 1491 (2003) of 11 July 2003, 1551 (2004) of 9 July 2004,
               1575 (2004) of 22 November 2004, 1639 (2005) of 21 November 2005, 1722 (2006)
               of 21 November 2006, 1764 (2007) of 29 June 2007, 1785 (2007) of 21 November
               2007, 1845 (2008) of 20 November 2008 and 1869 (2009) of 25 March 2009,
                     Reaffirming its commitment to the political settlement of the conflicts in the
               former Yugoslavia, preserving the sovereignty and territorial integrity of all States
               there within their internationally recognized borders,
                    Emphasizing its full support for the High Representative’s continued role in
               Bosnia and Herzegovina,
                     Underlining its commitment to support the implementation of the General
               Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes
               thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the
               relevant decisions of the Peace Implementation Council (PIC),
                     Recalling all the agreements concerning the status of forces referred to in
               Appendix B to Annex 1-A of the Peace Agreement, and reminding the parties of
               their obligation to continue to comply therewith,
                    Further recalling the provisions of its resolution 1551 (2004) concerning the
               provisional application of the status of forces agreements contained in Appendix B
               to Annex 1-A of the Peace Agreement,
                    Emphasizing its appreciation to the High Representative, the Commander and
               personnel of the multinational stabilization force (EUFOR), the Senior Military
               Representative and personnel of the NATO Headquarters Sarajevo, the Organization
               for Security and Cooperation in Europe (OSCE), the European Union (EU) and the
               personnel of other international organizations and agencies in Bosnia and
               Herzegovina for their contributions to the implementation of the Peace Agreement,

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                     Emphasizing that a comprehensive and coordinated return of refugees and
               displaced persons throughout the region continues to be crucial to lasting peace,
                    Recalling the declarations of the Ministerial meetings of the Peace
               Implementation Conference,
                     Recognizing that full implementation of the Peace Agreement is not yet
               complete, while paying tribute to the achievements of the authorities at State and
               entity level in Bosnia and Herzegovina and of the international community in the
               fourteen years since the signing of the Peace Agreement,
                     Emphasizing the importance of Bosnia and Herzegovina’s progress towards
               Euro-Atlantic integration on the basis of the Peace Agreement, while recognizing
               the importance of Bosnia and Herzegovina’s transition to a functional, reformoriented, modern and democratic European country,
                    Noting the reports of the High Representative, including his latest report of
               12 November 2009 (S/2009/588),
                     Determined to promote the peaceful resolution of the conflicts in accordance
               with the purposes and principles of the Charter of the United Nations,
                    Recalling the relevant principles contained in the Convention on the Safety of
               United Nations and Associated Personnel adopted on 9 December 1994 and the
               statement of its President on 10 February 2000 (S/PRST/2000/4),
                    Welcoming and encouraging efforts by the United Nations to sensitize
               peacekeeping personnel in the prevention and control of HIV/AIDS and other
               communicable diseases in all its peacekeeping operations,
                     Taking note of the conclusions of EU Foreign Ministers and Ministers of
               Defence at their joint meeting on 18 May 2009, which welcomed the positive
               contribution of EUFOR to the safe and secure environment in Bosnia and
               Herzegovina, and added that EUFOR continued to provide reassurance and
               remained ready to respond to possible security challenges throughout the country,
               and the conclusions of EU Foreign Ministers and Ministers of Defence at their joint
               meeting on 17 November 2009,
                    Recalling the letters between the European Union and NATO sent to the
               Security Council on 19 November 2004 on how those organizations will cooperate
               together in Bosnia and Herzegovina in which both organizations recognize that the
               EUFOR will have the main peace stabilization role under the military aspects of the
               Peace Agreement (S/2004/916; S/2004/915),
                     Further recalling the confirmation by the Presidency of Bosnia and
               Herzegovina, on behalf of Bosnia and Herzegovina, including its constituent
               entities, of the arrangements for EUFOR and the NATO Headquarters presence
               (S/2004/917),
                    Welcoming the European Union’s increased engagement in Bosnia and
               Herzegovina and the continued engagement of NATO,
                    Reiterating once again its calls on the authorities in Bosnia and Herzegovina to
               implement in full their undertakings as also confirmed by the PIC Steering Board
               declaration of 30 June 2009, and recognizing in particular the need to find a solution
               on State and Defence Property,

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                Welcoming the progress achieved by Bosnia and Herzegovina on some
           European Partnership priorities, towards implementing the Interim Agreement and
           towards fulfilling the visa liberalization roadmap requirements and calling on the
           authorities in Bosnia and Herzegovina to strengthen and step up their efforts to
           complete the urgent reforms highlighted by the European Commission in its
           14 October Progress Report to implement the European Partnership and to prepare
           to meet obligations under the Interim Agreement and in due course the Stabilization
           and Association Agreement,
                 Determining that the situation in the region continues to constitute a threat to
           international peace and security,
                Acting under Chapter VII of the Charter of the United Nations,
                1.   Reaffirms once again its support for the Peace Agreement, as well as for
           the Dayton Paris Agreement on implementing the Federation of Bosnia and
           Herzegovina of 10 November 1995 (S/1995/1021, annex) and calls upon the parties
           to comply strictly with their obligations under those Agreements;
                 2.    Reiterates that the primary responsibility for the further successful
           implementation of the Peace Agreement lies with the authorities in Bosnia and
           Herzegovina themselves and that the continued willingness of the international
           community and major donors to assume the political, military and economic burden
           of implementation and reconstruction efforts will be determined by the compliance
           and active participation by all the authorities in Bosnia and Herzegovina in
           implementing the Peace Agreement and rebuilding a civil society, in particular in
           full cooperation with the International Tribunal for the Former Yugoslavia, in
           strengthening joint institutions, which foster the building of a fully functioning selfsustaining State, able to integrate itself into the European structures and in
           facilitating returns of refugees and displaced persons;
                3.    Reminds the parties once again that, in accordance with the Peace
           Agreement, they have committed themselves to cooperate fully with all entities
           involved in the implementation of this peace settlement, as described in the Peace
           Agreement, or which are otherwise authorized by the Security Council, including
           the International Tribunal for the Former Yugoslavia, as it carries out its
           responsibilities for dispensing justice impartially, and underlines that full
           cooperation by States and entities with the International Tribunal includes, inter alia,
           the surrender for trial or apprehension of all persons indicted by the Tribunal and
           provision of information to assist in Tribunal investigations;
                 4.   Emphasizes its full support for the continued role of the High
           Representative in monitoring the implementation of the Peace Agreement and giving
           guidance to and coordinating the activities of the civilian organizations and agencies
           involved in assisting the parties to implement the Peace Agreement, and reaffirms
           that under Annex 10 of the Peace Agreement the High Representative is the final
           authority in theatre regarding the interpretation of civilian implementation of the
           Peace Agreement and that in case of dispute he may give his interpretation and
           make recommendations, and make binding decisions as he judges necessary on
           issues as elaborated by the Peace Implementation Council in Bonn on 9 and
           10 December 1997;
                5.    Expresses its support for the declarations of the Ministerial meetings of
           the Peace Implementation Conference;

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                    6.    Reaffirms its intention to keep implementation of the Peace Agreement
               and the situation in Bosnia and Herzegovina under close review, taking into account
               the reports submitted pursuant to paragraphs 18 and 21 below, and any
               recommendations those reports might include, and its readiness to consider the
               imposition of measures if any party fails significantly to meet its obligations under
               the Peace Agreement;
                     7.   Recalls the support of the authorities of Bosnia and Herzegovina for
               EUFOR and the continued NATO presence and their confirmation that both are the
               legal successors to SFOR for the fulfilment of their missions for the purposes of the
               Peace Agreement, its Annexes and Appendices and relevant United Nations Security
               Council resolutions and can take such actions as are required, including the use of
               force, to ensure compliance with Annexes 1-A and 2 of the Peace Agreement and
               relevant United Nations Security Council resolutions;
                     8.   Pays tribute to those Member States which participated in the
               multinational stabilization force (EUFOR), and in the continued NATO presence,
               established in accordance with its resolution 1575 (2004) and extended with its
               resolutions 1639 (2005), 1722 (2006) , 1785 (2007) and 1845 (2008), and welcomes
               their willingness to assist the Parties to the Peace Agreement by continuing to
               deploy a multinational stabilization force (EUFOR) and by maintaining a continued
               NATO presence;
                    9.   Welcomes the EU’s intention to maintain an EU military operation to
               Bosnia and Herzegovina from November 2009;
                    10. Authorizes the Member States acting through or in cooperation with the
               EU to establish for a further period of 12 months, starting from the date of the
               adoption of this resolution, a multinational stabilization force (EUFOR) as a legal
               successor to SFOR under unified command and control, which will fulfil its
               missions in relation to the implementation of Annex 1-A and Annex 2 of the Peace
               Agreement in cooperation with the NATO Headquarters presence in accordance with
               the arrangements agreed between NATO and the EU as communicated to the
               Security Council in their letters of 19 November 2004, which recognize that
               EUFOR will have the main peace stabilization role under the military aspects of the
               Peace Agreement;
                     11. Welcomes the decision of NATO to continue to maintain a presence in
               Bosnia and Herzegovina in the form of a NATO Headquarters in order to continue to
               assist in implementing the Peace Agreement in conjunction with EUFOR and
               authorizes the Member States acting through or in cooperation with NATO to
               continue to maintain a NATO Headquarters as a legal successor to SFOR under
               unified command and control, which will fulfil its missions in relation to the
               implementation of Annex 1-A and Annex 2 of the Peace Agreement in cooperation
               with EUFOR in accordance with the arrangements agreed between NATO and the
               EU as communicated to the Security Council in their letters of 19 November 2004,
               which recognize that EUFOR will have the main peace stabilization role under the
               military aspects of the Peace Agreement;
                     12. Reaffirms that the Peace Agreement and the provisions of its previous
               relevant resolutions shall apply to and in respect of both EUFOR and the NATO
               presence as they have applied to and in respect of SFOR and that therefore
               references in the Peace Agreement, in particular in Annex 1-A and its appendices,

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           and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall be read as
           applying, as appropriate, to the NATO presence, EUFOR, the European Union and
           the Political and Security Committee and Council of the European Union
           respectively;
                13. Expresses its intention to consider the terms of further authorization as
           necessary in the light of developments in the implementation of the Peace
           Agreement and the situation in Bosnia and Herzegovina;
                 14. Authorizes the Member States acting under paragraphs 10 and 11 above
           to take all necessary measures to effect the implementation of and to ensure
           compliance with Annexes 1-A and 2 of the Peace Agreement, stresses that the
           parties shall continue to be held equally responsible for the compliance with that
           Annex and shall be equally subject to such enforcement action by EUFOR and the
           NATO presence as may be necessary to ensure implementation of those Annexes
           and the protection of EUFOR and the NATO presence;
                 15. Authorizes Member States to take all necessary measures, at the request
           of either EUFOR or the NATO Headquarters, in defence of the EUFOR or NATO
           presence respectively, and to assist both organizations in carrying out their missions,
           and recognizes the right of both EUFOR and the NATO presence to take all
           necessary measures to defend themselves from attack or threat of attack;
                 16. Authorizes the Member States acting under paragraphs 10 and 11 above,
           in accordance with Annex 1-A of the Peace Agreement, to take all necessary
           measures to ensure compliance with the rules and procedures governing command
           and control of airspace over Bosnia and Herzegovina with respect to all civilian and
           military air traffic;
                17. Demands that the parties respect the security and freedom of movement
           of EUFOR, the NATO presence, and other international personnel;
                18. Requests the Member States acting through or in cooperation with the EU
           and the Member States acting through or in cooperation with NATO to report to the
           Council on the activity of EUFOR and NATO Headquarters presence respectively,
           through the appropriate channels and at least at three-monthly intervals;
                 19. Invites all States, in particular those in the region, to continue to provide
           appropriate support and facilities, including transit facilities, for the Member States
           acting under paragraphs 10 and 11 above;
                20. Reiterates its appreciation for the deployment by the EU of its Police
           Mission (EUPM) to Bosnia and Herzegovina since 1 January 2003;
                21. Also requests the Secretary-General to continue to submit to the Council
           reports from the High Representative, in accordance with Annex 10 of the Peace
           Agreement and the conclusions of the Peace Implementation Conference held in
           London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation
           Conferences, on the implementation of the Peace Agreement and in particular on
           compliance by the parties with their commitments under that Agreement;
                22.   Decides to remain seized of the matter.

09-61234                                                                                5

Security Council resolution 1895 (2009) [on authorization of the Member States to establish a Multinational Stabilization Force (EUFOR) as a legal successor to Stabilization Force (SFOR) in Bosnia and Herzegovina]

S/64 [62] BOSNIA AND HERZEGOVINA SITUATION
S/64 [60] FORMER YUGOSLAVIA SITUATION

NATO|EUFOR|Stabilization Force|European Union|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|Office of the High Representative for the Implementation of the Peace Agreement in Bosnia and Herzegovina|Dayton Peace Accords (1995)|General Framework Agreement for Peace in Bosnia and Herzegovina (1995)|Charter of the United Nations (1945). Chapter VII|PEACEBUILDING|POST-CONFLICT RECONSTRUCTION|INTERNAL SECURITY|BOSNIA AND HERZEGOVINA|BOSNIA AND HERZEGOVINA SITUATION|FORMER YUGOSLAVIA SITUATION|ADMINISTRATION OF JUSTICE|COOPERATION BETWEEN ORGANIZATIONS|MILITARY ASSISTANCE|MILITARY MISSIONS|RULE OF LAW|AIRSPACE|STAFF SECURITY|FREEDOM OF MOVEMENT


                United Nations                                                                    S/RES/1896 (2009)*
                Security Council                                                   Distr.: General
                                                                                7 December 2009

                Resolution 1896 (2009)
                Adopted by the Security Council at its 6225th meeting, on
                30 November 2009

                     The Security Council,
                     Recalling its previous resolutions, in particular resolution 1804 (2008), 1807
                (2008) and 1857 (2008), and the statements of its President concerning the
                Democratic Republic of the Congo,
                      Reaffirming its commitment to the sovereignty, territorial integrity and
                political independence of the Democratic Republic of the Congo as well as all States
                in the region,
                      Taking note of the interim and final reports (S/2009/253 and S/2009/603) of
                the Group of Experts on the Democratic Republic of the Congo (“the Group of
                Experts”) established pursuant to resolution 1771 (2007) and extended pursuant to
                resolutions 1807 (2008) and 1857 (2008) and of their recommendations,
                      Reiterating its serious concern regarding the presence of armed groups and
                militias in the eastern part of the Democratic Republic of the Congo, particularly in
                the provinces of North and South Kivu, Ituri and the Orientale Province, which
                perpetuate a climate of insecurity in the whole region,
                      Demanding that all armed groups, in particular the Forces Démocratiques de
                liberation du Rwanda (FDLR) and the Lord’s Resistance Army (LRA), immediately
                lay down their arms and cease their attacks against the civilian population,
                demanding also that all the parties to the 23 March 2009 Agreements respect the
                ceasefire and implement their commitments effectively and in good faith,
                      Expressing concern about the support received by armed groups operating in
                the eastern part of the Democratic Republic of the Congo from regional and
                international networks,
                      Welcoming the commitments of the Democratic Republic of the Congo and the
                countries of the Great Lakes region to jointly promote peace and stability in the
                region, and reiterating the importance of the Government of the Democratic
                Republic of the Congo and all governments, particularly those in the region, taking
                effective steps to ensure that there is no support, in and from their territories, for the
                armed groups in the eastern part of the Democratic Republic of the Congo,

            * Reissued for technical reasons.

09-62453* (E)
*0962453*

S/RES/1896 (2009)

                     Noting with great concern the persistence of human rights and humanitarian
               law violations against civilians in the eastern part of the Democratic Republic of the
               Congo, including the killing and displacement of significant numbers of civilians,
               the recruitment and use of child soldiers, and widespread sexual violence, stressing
               that the perpetrators must be brought to justice, reiterating its firm condemnation of
               all violations of human rights and international humanitarian law in the country, and
               recalling all its relevant resolutions on women and peace and security, on children
               and armed conflict, and on the protection of civilians in armed conflicts,
                     Stressing the primary responsibility of the Government of the Democratic
               Republic of the Congo for ensuring security in its territory and protecting its
               civilians with respect for the rule of law, human rights and international
               humanitarian law,
                     Stressing the need to fight impunity as an integral part of the much-needed
               comprehensive reform of the security sector, and strongly encouraging the
               Government of the Democratic Republic of the Congo to implement its “zerotolerance policy” against criminal acts and misconduct in the armed forces,
                    Encouraging the Government of the Democratic Republic of the Congo to take
               concrete measures to reform the justice sector and implement the Penitentiary
               System Reform Action Plan, in order to ensure a fair and credible system against
               impunity,
                    Recalling its resolution 1502 (2003) on the protection of United Nations
               personnel, associated personnel and humanitarian personnel in conflict zones,
                     Condemning the continuing illicit flow of weapons within and into the
               Democratic Republic of the Congo in violation of resolutions 1533 (2004), 1807
               (2008) and 1857 (2008), declaring its determination to continue to monitor closely
               the implementation of the arms embargo and other measures set out by its
               resolutions concerning the Democratic Republic of the Congo, and stressing the
               obligation of all States to abide by the notification requirements set out in paragraph
               5 of resolution 1807 (2008),
                      Recognizing the linkage between the illegal exploitation of natural resources,
               illicit trade in such resources and the proliferation and trafficking of arms as one of
               the major factors fuelling and exacerbating conflicts in the Great Lakes region of
               Africa,
                    Welcoming the announcement from the Department of Peacekeeping
               Operations of its intention to develop guidelines to enhance cooperation and
               information-sharing between the United Nations peacekeeping missions and the
               Security Council’s Sanctions Committees’ expert panels,
                    Determining that the situation in the Democratic Republic of the Congo
               continues to constitute a threat to international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides to renew until 30 November 2010 the measures on arms imposed
               by paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraphs
               2, 3 and 5 of that resolution;

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                                                                                S/RES/1896 (2009)

                 2.    Decides to renew, for the period specified in paragraph 1 above, the
           measures on transport imposed by paragraphs 6 and 8 of resolution 1807 (2008) and
           reaffirms the provisions of paragraph 7 of that resolution;
                3.    Decides to renew, for the period specified in paragraph 1 above, the
           financial and travel measures imposed by paragraphs 9 and 11 of resolution 1807
           (2008) and reaffirms the provisions of paragraphs 10 and 12 of that resolution
           regarding the individuals and entities referred to in paragraph 4 of resolution 1857
           (2008);
                 4.   Decides further to expand the mandate of the Committee as set out in
           paragraph 8 of resolution 1533 (2004) and expanded upon in paragraph 18 of
           resolution 1596 (2005), paragraph 4 of resolution 1649 (2005) and paragraph 14 of
           resolution 1698 (2006) and reaffirmed in paragraph 15 of resolution 1807 (2008)
           and paragraphs 6 and 25 of resolution 1857 (2008) to include the following tasks:
                 (a) To promulgate guidelines taking into account paragraphs 17 to 24 of
           resolution 1857 (2008), within six months from the date of adoption of this
           resolution, in order to facilitate the implementation of the measures imposed by this
           resolution, and keep them under active review as may be necessary;
                (b) To hold regular consultations with concerned Member States in order to
           ensure full implementation of the measures set forth in this resolution;
                (c) To specify the necessary information that Member States should provide
           in order to fulfil the notification requirement set out in paragraph 5 of resolution
           1807 (2008) and to circulate this among Member States;
                 5.    Calls upon all States, particularly those in the region and those in which
           individuals and entities designated pursuant to paragraph 3 of this resolution are
           based, to implement fully the measures specified in this resolution, and to cooperate
           fully with the Committee in carrying out its mandate, and further calls upon those
           Member States that have not previously done so to report to the Committee, within
           forty-five days from the date of adoption of this resolution, on the actions they have
           taken to implement the measures imposed by paragraphs 1, 2, and 3 above;
                  6.   Requests the Secretary-General to extend, for a period expiring on
           30 November 2010, the Group of Experts established pursuant to resolution 1533
           (2004) and renewed by subsequent resolutions and requests the Group of Experts to
           fulfil its mandate as set out in paragraph 18 of resolution 1807 (2008) and expanded
           by paragraphs 9 and 10 of resolution 1857 (2008), and to report to the Council in
           writing, through the Committee, by 21 May 2010 and again before 20 October 2010;
                 7.   Decides that the mandate of the Group of Experts referred to in
           paragraph 6 above shall also include the task to produce, taking into account
           paragraph 4 (g) of resolution 1857 (2008), drawing inter alia on their reports and
           taking advantage of work done in other forums, recommendations to the Committee
           for guidelines for the exercise of due diligence by the importers, processing
           industries and consumers of mineral products regarding the purchase, sourcing
           (including steps to be taken to ascertain the origin of mineral products), acquisition
           and processing of mineral products from the Democratic Republic of the Congo;
                8.    Requests the Group of Experts to focus its activities in North and South
           Kivu, Ituri and the Orientale Province, as well as on regional and international

09-62453                                                                                3

S/RES/1896 (2009)

               networks providing support to armed groups operating in the eastern part of the
               Democratic Republic of the Congo;
                    9.   Recommends the Government of the Democratic Republic of the Congo
               to promote stockpile security, accountability and management of arms and
               ammunition as an urgent priority, and to implement a national weapons marking
               programme in line with the standards established by the Nairobi Protocol and the
               Regional Centre on Small Arms;
                     10. Requests the Governments of the Democratic Republic of the Congo and
               of all States, particularly those in the region, the United Nations Organization
               Mission in the Democratic Republic of the Congo (MONUC) and the Group of
               Experts to cooperate intensively, including by exchanging information regarding
               arms shipments, trading routes and strategic mines known to be controlled or used
               by armed groups, flights from the Great Lakes region to the Democratic Republic of
               the Congo and from the Democratic Republic of the Congo to the Great Lakes
               region, the illegal exploitation and trafficking in natural resources, and activities of
               individuals and entities designated by the Committee pursuant to paragraph 4 of
               resolution 1857 (2008);
                    11. Requests in particular that MONUC share all relevant information with
               the Group of Experts, especially information on the recruitment and use of children,
               and on the targeting of women and children in situations of armed conflicts;
                     12. Further demands that all parties and all States ensure cooperation with
               the Group of Experts by individuals and entities within their jurisdiction or under
               their control, and requests in this regard all States to identify a focal point to the
               Committee in order to enhance cooperation and information sharing with the Group
               of Experts;
                     13. Reiterates its demand, expressed in paragraph 21 of resolution 1807
               (2008) and reaffirmed in paragraph 14 of resolution 1857 (2008), that all parties and
               all States, particularly those in the region, cooperate fully with the work of the
               Group of Experts, and that they ensure the safety of its members, and unhindered
               and immediate access, in particular to persons, documents and sites the Group of
               Experts deems relevant to the execution of its mandate;
                     14. Calls upon Member States to take measures to ensure that importers,
               processing industries and consumers of Congolese mineral products under their
               jurisdiction exercise due diligence on their suppliers and on the origin of the
               minerals they purchase;
                    15. Calls upon Member States to cooperate fully with the Group of Experts
               in respect of its mandate under paragraph 7 of this resolution to develop
               recommendations for the Committee for guidelines for the exercise of due diligence,
               in particular by providing details of any relevant national guidelines, licensing
               requirements or legislation relating to trading in mineral products;
                     16. Recommends that importers and processing industries adopt policies and
               practices, as well as codes of conduct, to prevent indirect support to armed groups in
               the Democratic Republic of the Congo through the exploitation and trafficking of
               natural resources;

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                                                                                S/RES/1896 (2009)

                 17. Recommends further that Member States, particularly those in the Great
           Lakes region, regularly publish full import and export statistics for gold, cassiterite,
           coltan and wolframite;
                18. Urges the donor community to consider providing increased technical or
           other assistance and support to strengthen the institutional capacity of the mining,
           law enforcement and border control agencies and institutions of the Democratic
           Republic of the Congo;
                  19. Encourages Member States to submit to the Committee for inclusion on its
           list of designees, individuals or entities that meet the criteria set out in paragraph 4 of
           resolution 1857 (2008), as well as any entities owned or controlled, directly or
           indirectly, by the submitted individuals or entities, or individuals or entities acting on
           behalf of or at the direction of the submitted entities;
                 20. Reiterates the provisions on listing individuals and entities by Member
           States as set out in paragraphs 17, 18, 19 and 20 of resolution 1857 (2008), on
           de-listing individual and entities as set out in paragraphs 22, 23 and 24 of resolution
           1857 (2008); and on the role of the Focal Point, as set out in resolution 1730 (2006);
                 21. Decides that, when appropriate and no later than 30 November 2010, it
           shall review the measures set forth in this resolution, with a view to adjusting them,
           as appropriate, in light of the security situation in the Democratic Republic of the
           Congo, in particular progress in security sector reform including the integration of
           the armed forces and the reform of the national police, and in disarming,
           demobilizing, repatriating, resettling and reintegrating, as appropriate, Congolese
           and foreign armed groups;
                22.   Decides to remain actively seized of the matter.

09-62453                                                                                5

Security Council resolution 1896 (2009) [on expansion of the mandate of the Committee Established pursuant to resolution 1533 (2004) and extension of measures on arms, transport, financial and travel against the Democratic Republic of the Congo imposed by resolution 1807 (2008)]

S/64 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/64 [105] UN ORGANIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO

UN. Security Council Committee Established pursuant to Resolution 1533 (2004) concerning the Democratic Republic of the Congo > Terms of reference|UN. Group of Experts Established pursuant to Resolution 1533 (2004) > Terms of reference|UN Organization Mission in the Democratic Republic of the Congo|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|ARMS TRANSFERS|BORDER TRAFFIC|INTERNAL SECURITY|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|TRAVEL RESTRICTIONS|PURCHASING|MINERAL RESOURCES|STOCKPILE MANAGEMENT|WEAPONS TRACING|COOPERATION BETWEEN ORGANIZATIONS|INFORMATION EXCHANGE|CHILDREN IN ARMED CONFLICTS|WOMEN IN ARMED CONFLICTS|FOCAL POINTS|STAFF SECURITY|DOCUMENTS|WEBSITES|LAWS AND REGULATIONS|IMPORT POLICY|CERTIFICATES OF ORIGIN|ILLICIT TRAFFIC|NATURAL RESOURCES|TRADE STATISTICS|TECHNICAL COOPERATION|CAPACITY BUILDING|SECURITY SECTOR REFORM|NORD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|SUD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|ITURI (DEMOCRATIC REPUBLIC OF THE CONGO : DISTRICT)|RECOMMENDATIONS|GUIDELINES

Congo, The Democratic Republic of the|Congo|Rwanda


               United Nations                                                                  S/RES/1897 (2009)
               Security Council                                                Distr.: General
                                                                               30 November 2009

               Resolution 1897 (2009)
               Adopted by the Security Council at its 6226th meeting, on
               30 November 2009

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008),
               1846 (2008), and 1851 (2008),
                     Continuing to be gravely concerned by the ongoing threat that piracy and
               armed robbery at sea against vessels pose to the prompt, safe, and effective delivery
               of humanitarian aid to Somalia and the region, to international navigation and the
               safety of commercial maritime routes, and to other vulnerable ships, including
               fishing activities in conformity with international law and the extended range of the
               piracy threat into the western Indian Ocean,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, including Somalia’s rights with respect to
               offshore natural resources, including fisheries, in accordance with international law,
                     Further reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets
               out the legal framework applicable to combating piracy and armed robbery at sea, as
               well as other ocean activities,
                     Again taking into account the crisis situation in Somalia, and the limited
               capacity of the Transitional Federal Government (TFG) to interdict, or upon
               interdiction to prosecute pirates or to patrol or secure the waters off the coast of
               Somalia, including the international sea lanes and Somalia’s territorial waters,
                     Noting the several requests from the TFG for international assistance to
               counter piracy off its coast, including the letters of 2 and 6 November 2009 from the
               Permanent Representative of Somalia to the United Nations expressing the
               appreciation of the TFG to the Security Council for its assistance, expressing the
               TFG’s willingness to consider working with other States and regional organizations
               to combat piracy and armed robbery at sea off the coast of Somalia, and requesting
               that the provisions of resolutions 1846 (2008) and 1851 (2008) be renewed for an
               additional twelve months,

09-62465 (E)
*0962465*

S/RES/1897 (2009)

                    Commending the efforts of the EU operation Atalanta, which the European
               Union is committed to extending until December 2010, North Atlantic Treaty
               Organization operations Allied Protector and Ocean Shield, Combined Maritime
               Forces’ Combined Task Force 151, and other States acting in a national capacity in
               cooperation with the TFG and each other, to suppress piracy and to protect
               vulnerable ships transiting through the waters off the coast of Somalia,
                     Noting with concern that the continuing limited capacity and domestic
               legislation to facilitate the custody and prosecution of suspected pirates after their
               capture has hindered more robust international action against the pirates off the
               coast of Somalia, and in some cases has led to pirates being released without facing
               justice, regardless of whether there is sufficient evidence to support prosecution,
               reiterating that, consistent with the provisions of the Convention concerning the
               repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts
               Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
               to create criminal offences, establish jurisdiction, and accept delivery of persons
               responsible for or suspected of seizing or exercising control over a ship by force or
               threat thereof or any other form of intimidation, and stressing the need for States to
               criminalize piracy under their domestic law and to favourably consider the
               prosecution, in appropriate cases, of suspected pirates, consistent with applicable
               international law,
                     Commending the Republic of Kenya’s efforts to prosecute suspected pirates in
               its national courts, and noting with appreciation the assistance being provided by the
               United Nations Office of Drugs and Crime (UNODC) and other international
               organizations and donors, in coordination with the Contact Group on Piracy off the
               Coast of Somalia (“CGPCS”), to support Kenya, Somalia and other States in the
               region, including Seychelles and Yemen, to take steps to prosecute or incarcerate in
               a third state after prosecution elsewhere captured pirates consistent with applicable
               international human rights law,
                     Noting the ongoing efforts within the CGPCS to explore possible additional
               mechanisms to effectively prosecute persons suspected of piracy and armed robbery
               at sea off the coast of Somalia,
                    Further noting with appreciation the ongoing efforts by UNODC and UNDP to
               support efforts to enhance the capacity of the corrections system in Somalia,
               including regional authorities, to incarcerate convicted pirates consistent with
               applicable international human rights law,
                     Welcoming the adoption of the Djibouti Code of Conduct concerning the
               Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean
               and the Gulf of Aden, and the establishment of the International Maritime
               Organization (IMO) Djibouti Code Trust Fund (Multi-donor trust fund- Japan
               initiated), as well as the International Trust Fund Supporting Initiatives of the
               CGPCS, and recognizing the efforts of signatory States to develop the appropriate
               regulatory and legislative frameworks to combat piracy, enhance their capacity to
               patrol the waters of the region, interdict suspect vessels, and prosecute suspected
               pirates,
                     Emphasizing that peace and stability within Somalia, the strengthening of State
               institutions, economic and social development and respect for human rights and the
               rule of law are necessary to create the conditions for a durable eradication of piracy

2                                                                                09-62465

                                                                                S/RES/1897 (2009)

           and armed robbery at sea off the coast of Somalia, and further emphasizing that
           Somalia’s long-term security rests with the effective development by the TFG of the
           National Security Force and Somali Police Force, in the framework of the Djibouti
           Agreement and in line with a national security strategy,
                 Determining that the incidents of piracy and armed robbery at sea off the coast
           of Somalia exacerbate the situation in Somalia, which continues to constitute a
           threat to international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                1.   Reiterates that it condemns and deplores all acts of piracy and armed
           robbery against vessels in the waters off the coast of Somalia;
                2.   Notes again its concern regarding the findings contained in the
           20 November 2008 report of the Monitoring Group on Somalia (S/2008/769, page
           55) that escalating ransom payments and the lack of enforcement of the arms
           embargo established by resolution 733 (1992) are fuelling the growth of piracy off
           the coast of Somalia, and calls upon all States to fully cooperate with the
           Monitoring Group on Somalia;
                 3.   Renews its call upon States and regional organizations that have the
           capacity to do so, to take part in the fight against piracy and armed robbery at sea
           off the coast of Somalia, in particular, consistent with this resolution and
           international law, by deploying naval vessels, arms and military aircraft and through
           seizures and disposition of boats, vessels, arms and other related equipment used in
           the commission of piracy and armed robbery at sea off the coast of Somalia, or for
           which there are reasonable grounds for suspecting such use;
                 4.   Commends the work of the CGPCS to facilitate coordination in order to
           deter acts of piracy and armed robbery at sea off the coast of Somalia, in
           cooperation with the IMO, flag States, and the TFG and urges States and
           international organizations to continue to support these efforts;
                 5.   Acknowledges Somalia’s rights with respect to offshore natural resources,
           including fisheries, in accordance with international law, and calls upon States and
           interested organizations, including the IMO, to provide technical assistance to
           Somalia, including regional authorities, and nearby coastal States upon their request
           to enhance their capacity to ensure coastal and maritime security, including
           combating piracy and armed robbery at sea off the Somali and nearby coastlines,
           and stresses the importance of coordination in this regard through the CGPCS;
                6.    Invites all States and regional organizations fighting piracy off the coast
           of Somalia to conclude special agreements or arrangements with countries willing to
           take custody of pirates in order to embark law enforcement officials (“shipriders”)
           from the latter countries, in particular countries in the region, to facilitate the
           investigation and prosecution of persons detained as a result of operations
           conducted under this resolution for acts of piracy and armed robbery at sea off the
           coast of Somalia, provided that the advance consent of the TFG is obtained for the
           exercise of third state jurisdiction by shipriders in Somali territorial waters and that
           such agreements or arrangements do not prejudice the effective implementation of
           the SUA Convention;
                 7.   Encourages Member States to continue to cooperate with the TFG in the
           fight against piracy and armed robbery at sea, notes the primary role of the TFG in

09-62465                                                                                3

S/RES/1897 (2009)

               the fight against piracy and armed robbery at sea, and decides that for a period of
               twelve months from the date of this resolution to renew the authorizations as set out
               in paragraph 10 of Resolution 1846 (2008) and paragraph 6 of Resolution
               1851 (2008) granted to States and regional organizations cooperating with the TFG
               in the fight against piracy and armed robbery at sea off the coast of Somalia, for
               which advance notification has been provided by the TFG to the Secretary-General;
                     8.   Affirms that the authorizations renewed in this resolution apply only with
               respect to the situation in Somalia and shall not affect the rights or obligations or
               responsibilities of Member States under international law, including any rights or
               obligations under the Convention, with respect to any other situation, and
               underscores in particular that this resolution shall not be considered as establishing
               customary international law; and affirms further that such authorizations have been
               renewed only following the receipt of the 2 and 6 November 2009 letters conveying
               the consent of the TFG;
                     9.   Affirms that the measures imposed by paragraph 5 of resolution
               733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution
               1425 (2002) do not apply to weapons and military equipment destined for the sole
               use of Member States and regional organizations undertaking measures in
               accordance with paragraph 7 above or to supplies of technical assistance to Somalia
               solely for the purposes set out in paragraphs 5 above which have been exempted
               from those measures in accordance with the procedure set out in paragraphs 11 (b)
               and 12 of resolution 1772 (2007);
                     10. Requests that cooperating States take appropriate steps to ensure that the
               activities they undertake pursuant to the authorizations in paragraph 7 do not have
               the practical effect of denying or impairing the right of innocent passage to the ships
               of any third State;
                     11. Calls on Member States to assist Somalia, at the request of the TFG and
               with notification to the Secretary-General, to strengthen capacity in Somalia,
               including regional authorities, to bring to justice those who are using Somali
               territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at
               sea, and stresses that any measures undertaken pursuant to this paragraph shall be
               consistent with applicable international human rights law;
                     12. Calls upon all States, and in particular flag, port, and coastal States,
               States of the nationality of victims and perpetrators of piracy and armed robbery,
               and other States with relevant jurisdiction under international law and national
               legislation, to cooperate in determining jurisdiction, and in the investigation and
               prosecution of persons responsible for acts of piracy and armed robbery off the
               coast of Somalia, consistent with applicable international law including
               international human rights law, to ensure that all pirates handed over to judicial
               authorities are subject to a judicial process, and to render assistance by, among other
               actions, providing disposition and logistics assistance with respect to persons under
               their jurisdiction and control, such as victims and witnesses and persons detained as
               a result of operations conducted under this resolution;
                     13. Commends in this context the decision by the CGPCS to establish an
               International Trust Fund to support its initiatives and encourages donors to
               contribute to it;

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                                                                                S/RES/1897 (2009)

                 14. Urges States parties to the Convention and the SUA Convention to fully
           implement their relevant obligations under these Conventions and customary
           international law and cooperate with the UNODC, IMO, and other States and other
           international organizations to build judicial capacity for the successful prosecution
           of persons suspected of piracy and armed robbery at sea off the coast of Somalia;
                 15. Welcomes the revisions by the IMO to its recommendations and guidance
           on preventing and suppressing piracy and armed robbery against ships, and urges
           States, in collaboration with the shipping and insurance industries, and the IMO, to
           continue to develop and implement avoidance, evasion, and defensive best practices
           and advisories to take when under attack or when sailing in the waters off the coast
           of Somalia, and further urges States to make their citizens and vessels available for
           forensic investigation as appropriate at the first port of call immediately following
           an act or attempted act of piracy or armed robbery at sea or release from captivity;
                 16. Requests States and regional organizations cooperating with the TFG to
           inform the Security Council and the Secretary-General within nine months of the
           progress of actions undertaken in the exercise of the authorizations provided in
           paragraph 7 above and further requests all States contributing through the CGPCS to
           the fight against piracy off the coast of Somalia, including Somalia and other States
           in the region, to report by the same deadline on their efforts to establish jurisdiction
           and cooperation in the investigation and prosecution of piracy;
                17. Requests the Secretary-General to report to the Security Council within
           11 months of the adoption of this resolution on the implementation of this resolution
           and on the situation with respect to piracy and armed robbery at sea off the coast of
           Somalia;
                 18. Requests the Secretary General of the IMO to brief the Security Council
           on the basis of cases brought to his attention by the agreement of all affected coastal
           States, and duly taking into account the existing bilateral and regional cooperative
           arrangements, on the situation with respect to piracy and armed robbery;
                 19. Expresses its intention to review the situation and consider, as
           appropriate, renewing the authorizations provided in paragraph 7 above for
           additional periods upon the request of the TFG;
                20.   Decides to remain seized of the matter.

09-62465                                                                                5

Security Council resolution 1897 (2009) [on acts of piracy and armed robbery against vessels in the waters off the coast of Somalia]

UN. Contact Group on Piracy off the Coast of Somalia (2009 : New York)|Somalia. Transitional Federal Government|IMO|IMO Djibouti Code Trust Fund|UN. Security Council > Resolutions and decisions|UN. Security Council (63rd year : 2008) > Resolutions and decisions|UN Office on Drugs and Crime|UN Convention on the Law of the Sea (1982)|Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)|Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden (2009)|Charter of the United Nations (1945). Chapter VII|TERRITORIAL SEA|PIRACY|FISHERY RESOURCES|SOMALIA|MARITIME SECURITY|HIJACKING OF SHIPS|ROBBERY|SOMALIA SITUATION|MARITIME LAW|CAPACITY BUILDING|TECHNICAL COOPERATION|REGIONAL ORGANIZATIONS|ARMS EMBARGO|TRUST FUNDS|INTERNATIONAL COOPERATION|MARITIME TRAFFIC|JURISDICTION|PROSECUTION|CRIME VICTIMS|CRIMINAL INVESTIGATION

Eastern Asia|Southern Asia|Sub-Saharan Africa|Western Asia


               United Nations                                                                 S/RES/1898 (2009)
               Security Council                                               Distr.: General
                                                                              14 December 2009

               Resolution 1898 (2009)
               Adopted by the Security Council at its 6239th meeting, on
               14 December 2009

                    The Security Council,
                    Welcoming the reports of the Secretary-General of 25 November 2009
               (S/2009/609) on the United Nations operation in Cyprus and of 30 November 2009
               (S/2009/610) on his mission of good offices in Cyprus,
                     Noting that the Government of Cyprus is agreed that in view of the prevailing
               conditions on the island it is necessary to keep the United Nations Peacekeeping
               force in Cyprus (UNFICYP) beyond 15 December 2009,
                     Echoing the Secretary-General’s firm belief that the responsibility for finding
               a solution lies first and foremost with the Cypriots themselves, stressing that there
               now exists a rare opportunity to make decisive progress in a timely fashion, and
               reaffirming the primary role of the United Nations in assisting the parties to bring
               the Cyprus conflict and division of the island to a comprehensive and durable
               settlement,
                     Commending the Greek Cypriot and Turkish Cypriot leaders for the political
               leadership they have shown, and warmly welcoming the progress made so far in the
               fully-fledged negotiations, and the leaders’ joint statements,
                    Strongly urging the leaders to increase the momentum in the negotiations to
               ensure the full exploitation of this opportunity to reach a comprehensive settlement
               based on a bicommunal, bizonal federation with political equality, as set out in the
               relevant Security Council resolutions,
                     Emphasizing the importance attached by the international community of all
               parties engaging fully, flexibly and constructively in the negotiations, and looking
               forward to decisive progress in those negotiations in the near future,
                    Welcoming the intention of the Secretary-General to keep the Council
               informed of further developments and progress,
                     Welcoming also the implementation of some of the confidence-building
               measures announced by the leaders, and calling for a renewed effort to implement
               the remaining measures and for agreement on and implementation of further steps to
               build trust between the communities,

09-64713 (E)
*0964713*

S/RES/1898 (2009)

                    Reaffirming the importance of continued crossings of the Green Line by
               Cypriots, encouraging the opening by mutual agreement of other crossing points,
               welcoming the leaders’ agreement to open the Limnitis/Yesilirmak crossing point
               and the successful first trial crossing of ambulances from both sides, and urging
               implementation of the second phase of the restoration of the Ledra Street crossing,
                     Convinced of the many important benefits for all Cypriots that would flow
               from a comprehensive and durable Cyprus settlement, and encouraging both sides
               clearly to explain these benefits, as well as the need for increased flexibility and
               compromise in order to secure them, to both communities well in advance of any
               eventual referenda,
                    Highlighting the supportive role the international community will continue to
               play in helping the Greek Cypriot and Turkish Cypriot leaders to exploit fully the
               current opportunity,
                     Taking note of the assessment of the Secretary-General that the security
               situation on the island and along the Green Line remains stable, and urging all sides
               to avoid any action which could lead to an increase in tension, undermine the good
               progress achieved so far, or damage the goodwill on the island,
                    Recalling the Secretary-General’s firm belief that the situation in the buffer
               zone would be improved if both sides accepted the 1989 aide-memoire used by the
               United Nations,
                      Welcoming the progress made in proceeding with demining activities, looking
               forward to the clearance of the remaining minefields, and regretting the tragic loss
               of life on 28 October of a civilian contractor working for the Mine Action Centre,
                    Welcoming the progress and continuation of the important activities of the
               Committee on Missing Persons, and trusting that this process will promote
               reconciliation between the communities,
                     Agreeing that active participation of civil society groups is essential to the
               political process and can contribute to making any future settlement sustainable,
               welcoming all efforts to promote bicommunal contacts and events including,
               inter alia, on the part of all United Nations bodies on the island, and urging the two
               sides to promote the active engagement of civil society and the encouragement of
               cooperation between economic and commercial bodies and to remove all obstacles
               to such contacts,
                    Stressing the need for the Council to pursue a rigorous, strategic approach to
               peacekeeping deployments,
                    Welcoming the intention of the Secretary-General to keep all peacekeeping
               operations, including those of UNFICYP, under close review and noting the
               importance of contingency planning in relation to the settlement, including
               recommendations as appropriate for further adjustments to UNFICYP’s mandate,
               force levels and concept of operations, taking into account developments on the
               ground and the views of the parties,
                     Welcoming the continued efforts of Alexander Downer as the Secretary-General’s Special Advisor with a mandate to assist the parties in the conduct of
               fully-fledged negotiations aimed at reaching a comprehensive settlement,

2                                                                                09-64713

                                                                                S/RES/1898 (2009)

                Echoing also the Secretary-General’s gratitude to the Government of Cyprus
           and the Government of Greece for their voluntary contributions to the funding of
           UNFICYP, and his request for further voluntary contributions from other countries
           and organizations,
                Welcoming and encouraging efforts by the United Nations to sensitize
           peacekeeping personnel in the prevention and control of HIV/AIDS and other
           communicable diseases in all its peacekeeping operations,
               1.     Welcomes the analysis of developments on the ground over the last six
           months in the Secretary-General’s reports, in accordance with his mandate;
                2.    Welcomes also the progress made so far in the fully fledged negotiations,
           and the prospect of further progress in the near future towards a comprehensive and
           durable settlement that this has created;
                3.   Urges full exploitation of this opportunity, including by intensifying the
           momentum of negotiations, improving the current atmosphere of trust and goodwill,
           and engaging in the process in a constructive and open manner;
                4.   Urges also the implementation of confidence-building measures, and
           looks forward to agreement on and implementation of further such steps, including
           the opening of other crossing points;
                5.   Reaffirms all its relevant resolutions on Cyprus, in particular resolution
           1251 (1999) of 29 June 1999 and subsequent resolutions;
               6.    Expresses its full support for UNFICYP and decides to extend its
           mandate for a further period ending 15 June 2010;
                7.    Calls on both sides to continue to engage, as a matter of urgency and
           while respecting UNFICYP’s mandate, in consultations with UNFICYP on the
           demarcation of the buffer zone, and on the United Nations 1989 aide-memoire, with
           a view to reaching early agreement on outstanding issues;
                8.     Calls on the Turkish Cypriot side and Turkish forces to restore in
           Strovilia the military status quo which existed there prior to 30 June 2000;
                 9.    Requests the Secretary-General to submit a report on implementation of
           this resolution, including on contingency planning in relation to the settlement, by
           1 June 2010 and to keep the Security Council updated on events as necessary;
                10. Welcomes the efforts being undertaken by UNFICYP to implement the
           Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to
           ensure full compliance of its personnel with the United Nations code of conduct,
           requests the Secretary-General to continue to take all necessary action in this regard
           and to keep the Security Council informed, and urges troop-contributing countries to
           take appropriate preventive action including the conduct of predeployment
           awareness training, and to take disciplinary action and other action to ensure full
           accountability in cases of such conduct involving their personnel;
                11.   Decides to remain seized of the matter.

09-64713                                                                                3

Security Council resolution 1898 (2009) [on extension of the mandate of the UN Peacekeeping Force in Cyprus (UNFICYP)]

S/64 [42] CYPRUS QUESTION
S/64 [43] UN PEACEKEEPING FORCE IN CYPRUS

UN Peacekeeping Force in Cyprus|UN. Committee on Missing Persons in Cyprus|PEACEKEEPING OPERATIONS|DEMILITARIZED ZONES|CONFIDENCE-BUILDING MEASURES|CYPRUS|CYPRUS QUESTION|NEGOTIATION|DISPUTE SETTLEMENT|GREEK CYPRIOT COMMUNITY|TURKISH CYPRIOT COMMUNITY|REPORT PREPARATION|SEX CRIMES|CODES OF CONDUCT|MILITARY PERSONNEL|TRAINING PROGRAMMES|ACCOUNTABILITY


               United Nations                                                                  S/RES/1899 (2009)
               Security Council                                                Distr.: General
                                                                               16 December 2009

               Resolution 1899 (2009)
               Adopted by the Security Council at its 6241st meeting,
               on 16 December 2009

                    The Security Council,
                     Having considered the report of the Secretary-General on the United Nations
               Disengagement Observer Force of 18 November 2009 (S/2009/597), and also
               reaffirming its resolution 1308 (2000) of 17 July 2000,
                    1.   Calls upon the parties concerned to implement immediately its resolution
               338 (1973) of 22 October 1973;
                     2.   Welcomes the efforts being undertaken by the United Nations
               Disengagement Observer Force to implement the Secretary-General’s zero-tolerance
               policy on sexual exploitation and abuse and to ensure full compliance of its
               personnel with the United Nations code of conduct, requests the Secretary-General
               to continue to take all necessary action in this regard and to keep the Security
               Council informed, and urges troop-contributing countries to take preventive and
               disciplinary action to ensure that such acts are properly investigated and punished in
               cases involving their personnel;
                    3.   Decides to renew the mandate of the United Nations Disengagement
               Observer Force for a period of six months, that is, until 30 June 2010;
                     4.   Requests the Secretary-General to submit, at the end of this period, a
               report on developments in the situation and the measures taken to implement
               resolution 338 (1973).

09-65334 (E)
*0965334*

Security Council resolution 1899 (2009) [on extension of the mandate of the UN Disengagement Observer Force (UNDOF)]

S/64 [54] MIDDLE EAST SITUATION
S/64 [55] UN DISENGAGEMENT OBSERVER FORCE

UN Disengagement Observer Force|TRUCE SUPERVISION|MIDDLE EAST|MIDDLE EAST SITUATION|MILITARY DISCIPLINE|SEX CRIMES|CODES OF CONDUCT|TROOP-CONTRIBUTING STATES|CRIME PREVENTION|CRIMINAL INVESTIGATION|PUNISHMENT