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UNSC Resolutions 2016

UNSC Resolutions 2016 (78)

Resolution 2336 (2016)

Adopted by the Security Council at its 7855th meeting, on 31 December 2016

 

           The Security Council

           Recalling all its previous resolutions and Presidential Statements on the situation in the Syrian Arab Republic, in particular 2254 (2015) and 2268 (2016), and the Geneva Communiqué of 30 June 2012,

           Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic, and to the purposes and principles of the Charter of the United Nations,

           Noting the Joint Statement by the Ministers of Foreign Affairs of the Islamic Republic of Iran, the Russian Federation and the Republic of Turkey of December 20, 2016,

           Noting with appreciation the mediation efforts undertaken by the Russian Federation and the Republic of Turkey to facilitate the establishment of a ceasefire in the Syrian Arab Republic,

           Reiterating its call on the parties to allow humanitarian agencies rapid, safe and unhindered access throughout Syria, as provided for in its relevant resolutions,

           Reiterating that the only sustainable solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012 as endorsed by resolution 2118 (2013), its resolutions 2254 (2015) and 2268 (2016) and relevant statements of the International Syria Support Group,

           1.       Welcomes and supports the efforts by Russia and Turkey to end violence in Syria and jumpstart a political process, and takes note of the documents issued by Russia and Turkey in this regard (S/2016/1133);

           2.       Stresses the importance of the full implementation of all relevant Security Council resolutions, particularly 2254 (2015) and 2268 (2016);

           3.       Looks forward to the meeting to be held in Astana, Kazakhstan, between the Government of the Syrian Arab Republic and the representatives of the opposition viewing it as an important part of the Syrian-led political process and an important step ahead of the resumption of negotiations under the auspices of the United Nations in Geneva on 8 February 2017;

           4.       Decides to remain seized of the matter.

 
   

Resolution 2335 (2016)

Adopted by the Security Council at its 7854th meeting, on 30 December 2016

 

           The Security Council,

           Recalling its resolution 1958 (2010),

           Acting under Chapter VII of the Charter of the United Nations,

           1.       Reaffirms its call in paragraph 2 of resolution 1958 (2010) for the Government of Iraq to provide without delay payments referred to therein;

           2.       Authorizes the Secretary-General to continue to maintain the escrow accounts authorized in paragraphs 3, 4 and 5 of resolution 1958 (2010) and to retain the funds in those accounts until 30 June 2017, at which time all remaining funds are to be transferred to the Government of Iraq;

           3.       Requests the Secretary-General to continue to pursue implementation of paragraph 7 and other relevant aspects of resolution 1958 (2010);

           4.       Requests the Secretary-General to report on implementation of this resolution no later than 30 March 2017 and with a final report three months after the transfer of any remaining funds pursuant to paragraph 2 to the Government of Iraq, unless otherwise authorized by the Security Council;

           5.       Decides to remain actively seized of the matter.

 
   

Resolution 2334 (2016)

Adopted by the Security Council at its 7853rd meeting, on 23 December 2016

 

        The Security Council,

        Reaffirming its relevant resolutions, including resolutions 242 (1967), 338 (1973), 446 (1979), 452 (1979), 465 (1980), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008),

        Guided by the purposes and principles of the Charter of the United Nations, and reaffirming, inter alia, the inadmissibility of the acquisition of territory by force,

        Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,

        Condemning all measures aimed at altering the demographic composition, character and status of the Palestinian Territory occupied since 1967, including East Jerusalem, including, inter alia, the construction and expansion of settlements, transfer of Israeli settlers, confiscation of land, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law and relevant resolutions,

        Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines,    

        Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including “natural growth”, and the dismantlement of all settlement outposts erected since March 2001,

        Recalling also the obligation under the Quartet roadmap for the Palestinian Authority Security Forces to maintain effective operations aimed at confronting all those engaged in terror and dismantling terrorist capabilities, including the confiscation of illegal weapons,

        Condemning all acts of violence against civilians, including acts of terror, as well as all acts of provocation, incitement and destruction,

        Reiterating its vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders,

        Stressing that the status quo is not sustainable and that significant steps, consistent with the transition contemplated by prior agreements, are urgently needed in order to (i) stabilize the situation and to reverse negative trends on the ground, which are steadily eroding the two-State solution and entrenching a one-State reality, and (ii) to create the conditions for successful final status negotiations and for advancing the two-State solution through those negotiations and on the ground,

        1.     Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace;

        2.     Reiterates its demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem, and that it fully respect all of its legal obligations in this regard;

        3.     Underlines that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations;

        4.     Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution;

        5.     Calls upon all States, bearing in mind paragraph 1 of this resolution, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967;

        6.     Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism;

        7.     Calls upon both parties to act on the basis of international law, including international humanitarian law, and their previous agreements and obligations, to observe calm and restraint, and to refrain from provocative actions, incitement and inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the ground, rebuilding trust and confidence, demonstrating through policies and actions a genuine commitment to the two-State solution, and creating the conditions necessary for promoting peace;

        8.     Calls upon all parties to continue, in the interest of the promotion of peace and security, to exert collective efforts to launch credible negotiations on all final status issues in the Middle East peace process and within the time frame specified by the Quartet in its statement of 21 September 2010;

        9.     Urges in this regard the intensification and acceleration of international and regional diplomatic efforts and support aimed at achieving, without delay a comprehensive, just and lasting peace in the Middle East on the basis of the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the Israeli occupation that began in 1967; and underscores in this regard the importance of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France for the convening of an international peace conference, the recent efforts of the Quartet, as well as the efforts of Egypt and the Russian Federation;

        10.   Confirms its determination to support the parties throughout the negotiations and in the implementation of an agreement;

        11.   Reaffirms its determination to examine practical ways and means to secure the full implementation of its relevant resolutions;

        12.   Requests the Secretary-General to report to the Council every three months on the implementation of the provisions of the present resolution;

        13.   Decides to remain seized of the matter.

 
   

Resolution 2333 (2016)

Adopted by the Security Council at its 7851st meeting, on 23 December 2016

 

           The Security Council,

           Recalling its previous resolutions, in particular 1509 (2003), 2066 (2012), 2116 (2013), 2177 (2014), 2190 (2014), 2215 (2015), 2237 (2015), 2239 (2015) and 2308 (2016) concerning the situation in Liberia, and 2162 (2014), 2226 (2015) and 2295 (2016),

           Affirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Liberia and recalling the principles of good-neighbourliness, non-interference and regional cooperation,

           Welcoming the overall progress toward restoring peace, security and stability in Liberia, and commending the successful completion of the transfer of security responsibilities from the United Nations Mission in Liberia (UNMIL) to Liberia’s security services on 30 June 2016 and the commitment of the people and Government of Liberia to peace and to developing democratic processes and institutions and initiating important reform efforts,

           Affirming that the Government of Liberia bears primary responsibility for ensuring peace, stability and the protection of the civilian population in Liberia and for reforming and building the capacity of the security sector, particularly the Liberia National Police (LNP) and the Liberia Immigration Service (LIS),

           Stressing that lasting stability in Liberia will require the Government of Liberia to sustain well-functioning and accountable government institutions, especially in the security and justice sectors, to build the confidence of the people of Liberia, and urging the Government of Liberia to demonstrate substantive progress in the reform, restructuring and effective functioning of the security and justice sectors to provide for the protection of all the people of Liberia,

           Noting the potential security challenges during the preparation for, and the period leading up to, October 2017 presidential and legislative elections in Liberia, urging the Government of Liberia to accelerate efforts to resolve longstanding land rights, reconciliation, accountability and transparency matters to bolster public confidence in its government in advance of Liberia’s scheduled 2017 presidential and legislative elections and transfer of power, and stressing the need for the Government of Liberia to build on the successful transfer of security responsibilities, completed on 30 June 2016, to its security forces in preparation for both the conduct and outcome of elections, and calling on international partners to support the Liberian authorities in ensuring the credibility of those elections, including through the deployment of international electoral observers,

           Looking forward to a comprehensive, inclusive constitutional review process as well as the implementation of the National Reconciliation Roadmap, and urging efforts to strengthen the Independent National Commission on Human Rights, which has a key role as a publicly accessible human rights institution and as a mechanism to monitor and follow up on the implementation of the recommendations of the Truth and Reconciliation Commission,

           Emphasizing the integral role of the High Commissioner for Human Rights in evaluating the human rights situation in Liberia as it meets its commitments outlined in the country recommendations for Liberia from its 2015 Universal Periodic Review,

           Stressing that the responsibility for the preparation, security and conduct of free, fair and transparent 2017 presidential and legislative elections rests with the Liberian authorities,

           Noting with concern the potential for conflict over Liberia’s natural resources and disputes related to land ownership, and also noting that issues related to corruption continue to threaten to undermine stability and the effectiveness of government institutions,

           Commending the continued efforts of the Government of Liberia to strengthen security cooperation in the sub-region, notably with the governments of Côte d’Ivoire, Guinea and Sierra Leone,

           Expressing appreciation for the continued assistance provided by the people and Government of Liberia to Ivorian refugees in eastern Liberia and toward their voluntary repatriation to Côte d’Ivoire,

           Commending the continued contribution, commitment and resolve of United Nations personnel, as well as of the troop- and police-contributing countries of UNMIL, to assist in consolidating peace and stability in Liberia,

           Expressing appreciation to the international community for its support to consolidate peace, security and stability in Liberia, welcoming, in particular, the contributions of bilateral partners and multilateral organizations, as well as the Peacebuilding Commission, to support Liberia’s efforts on security sector reform, rule of law and national reconciliation, strongly encouraging the continued contributions of the international community in this regard, including the full implementation of the Statement of Mutual Commitments, recognizing that key peacebuilding priorities must be fully integrated into Liberia’s development strategy, including revitalizing socioeconomic development, and emphasizing the need for coherence between, and integration of, peacekeeping, peacebuilding and development to achieve an effective response to post-conflict situations,

           Recognizing the significant challenges that remain across all sectors, including continuing problems with violent crime, in particular the high rates of sexual and gender-based violence, especially involving children,

           Recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013) and 2242 (2015) on women, peace and security, and emphasizing that persistent barriers to the full implementation of resolution 1325 (2000) will only be dismantled through dedicated commitment to women’s empowerment, participation and human rights and accountability for acts of sexual and gender-based violence and through concerted leadership, consistent information and action and support to build women’s engagement in all levels of decision-making,

           Taking note of the 15 November 2016 report of the Secretary-General (S/2016/968) and the recommendations contained therein on the adjustments to the mandate and composition of UNMIL in line with the scheduled 2017 elections and 2018 transfer of power,

           Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

           Acting under Chapter VII of the Charter of the United Nations,

                            Governance, National Reconciliation, Rule of Law, and Security Sector Reform

           1.       Calls upon the Government of Liberia to prioritize national reconciliation and economic recovery, to combat corruption and to promote efficiency and good governance, in particular by continuing to strengthen transparency and accountability, including by effectively managing Liberia’s natural resources for the benefit of all the people of Liberia, emphasizes the importance of pursuing a national reconciliation and social cohesion strategy through concrete measures to promote national healing, justice and reconciliation at all levels and involving all Liberian stakeholders, and recognizes the efforts of the Government of Liberia to support enhancement of the participation of women in conflict prevention, conflict resolution and peacebuilding, including in decision-making roles in post-conflict governance institutions and the broad range of reform efforts;

           2.       Stresses the responsibility of and the need for the Liberian government to prepare for 2017 elections, including through support for electoral institutions, calls upon all parties to ensure that the elections are free, fair, peaceful and transparent, including through the full participation of women, and requests the Special Representative of the Secretary-General to assist the Liberian parties to this end;

           3.       Emphasizes that the Government of Liberia bears primary and ultimate responsibility for security and the protection of its population with special attention to combatting sexual and gender-based violence and combatting impunity for perpetrators of such crimes, and urges the Government to prioritize the effective and rapid development of the security agencies, especially the LNP, which is the priority law enforcement agency tasked with civilian policing responsibilities, including through the timely provision of sufficient financial resources and other support, adequate training and development of senior management;

           4.       Emphasizes the need for expanded efforts by the Liberian authorities to address the root causes of conflict, reinvigorate national and local reconciliation processes, promote land reform, advance constitutional and institutional reforms, especially of the rule of law and security sectors, combat sexual and gender-based violence, and build trust between Liberian citizens and state institutions and processes, and requests the Special Representative of the Secretary-General to assist such efforts through the use of his good offices and political support;

           5.       Urges the Government of Liberia to prioritize resourcing for critical gaps to improve the capacity and capability of the LNP and LIS, as well as the justice sector, including courts and prisons, enabling the promotion of human rights and reconciliation, effective oversight, professionalism, transparency and accountability across all security institutions and strengthening democratic institutions and extension of state authority and services throughout the country for the benefit of all Liberians;

           6.       Calls on the Government of Liberia to accelerate its efforts to enhance the capacity of its security sector, especially the leadership, coordination, monitoring, resources and oversight mechanisms, as well as to swiftly and fully implement the new Police and Immigration Acts and further reform of the promotion and manpower policies, with a view to decentralizing the national security institutions, particularly the LNP, to provide security for all people throughout Liberia, and urges the Government of Liberia to accelerate efforts to implement measures on the proper management of arms and ammunition, including enacting the appropriate domestic laws, the effective monitoring and management of Liberia’s border regions and the registering and tracking of arms and material used and imported by its security forces;

           7.       Underscores the importance of the Government of Liberia continuing to develop national security and rule of law institutions that are fully and independently operational, and to this end, encourages accelerated coordinated progress on the implementation of the Security and Justice Development Plans and the National Human Rights Action Plan, and urges the effective, transparent and efficient management by the Government of Liberia of assistance, including from bilateral and multilateral partners, to support the reform of the justice and security sectors;

           8.       Emphasizes the important role of women in the prevention and resolution of conflicts and in peacebuilding, as recognized in resolution 1325 (2000), underlines that a gender perspective should be taken into account in implementing all aspects of the mandate of UNMIL, encourages UNMIL to work with the Government of Liberia in this area until its closure and requests the Secretary-General and other relevant actors to ensure that transition planning and implementation fully integrates a gender perspective and to include in reporting to the Council progress in this area and all other aspects relating to the situation of women and girls, especially regarding protection from sexual and gender-based violence;

           9.       Expresses its continued concern that women and girls in Liberia continue to face a high incidence of sexual and gender-based violence, reiterates its call on the Government of Liberia to continue to combat sexual violence, particularly against children, and gender-based violence, to combat impunity for perpetrators of such crimes, to provide redress, support and protection to victims, including through public information campaigns and by continuing to strengthen national police capacity in this area and to raise awareness of existing national legislation on sexual violence, and encourages the Government to reinforce its commitment in this regard, including by funding the implementation of its national action plan on sexual and gender-based violence and improving women and girls’ access to justice;

UNMIL Mandate

           10.     Decides to extend the mandate of UNMIL as set out in paragraph 11 for a final period until 30 March 2018, and requests the Secretary-General to complete by 30 April 2018 the withdrawal of all uniformed and civilian UNMIL components, other than those required to complete the Mission’s liquidation;

           11.     Decides that until 30 March 2018, the mandate of UNMIL shall be the following:

           (a)      Protection of Civilians

                     (i)       To protect the civilian population from threat of physical violence within its capabilities and areas of deployment, particularly in the event of a deterioration of the security situation that could risk a strategic reversal of peace and stability in the country, without prejudice to the primary responsibility of the Liberian authorities for the security and protection of its population;

           (b)      Reform of Justice and Security Institutions

                     (i)       To advise the Government of Liberia in developing the leadership, internal management, professionalization and accountability mechanisms of the LNP, with a particular focus on elections security;

           (c)      Human Rights Promotion and Protection

                     (i)       To support the Government of Liberia in carrying out promotion, protection and monitoring activities of human rights in Liberia, with special attention to violations and abuses committed against children and women;

                     (ii)     To support the strengthening of efforts by the Government of Liberia to combat sexual and gender-based violence, including its efforts to combat impunity for perpetrators of such crimes;

           (d)      Public Information

                     (i)       To continue to communicate, including through UNMIL Radio, with the people and Government of Liberia to promote sustainable peace through the October 2017 elections and 2018 transfer of power and also to raise awareness about UNMIL’s transformation, eventual closure and the United Nations’ continuing engagement in Liberia;

           (e)      Protection of United Nations Personnel

                     (i)       To protect the United Nations personnel, installations and equipment and to ensure the security and freedom of movement of United Nations and associated personnel;

           12.     Authorizes UNMIL to assist as requested and within its capabilities, bearing in mind the responsibility of the Liberian Government, with logistical support, including aviation support, to meet urgent gaps in Liberia’s capabilities for the 2017 presidential and legislative electoral process, including voter registration, in particular to facilitate access to remote areas;

           13.     Requests the Secretary-General prepare a report for the Security Council within 90 days of the adoption of this resolution that sets out a well-developed peacebuilding plan to direct the role of the United Nations system and other relevant partners, including multilateral and bilateral actors, in supporting Liberia’s transition, emphasizes in this regard the important convening role of the Peacebuilding Commission in the process of developing this plan, further requests that UNMIL work closely with the United Nations Country Team (UNCT) and its component United Nations agencies to implement the results of the UNCT’s mapping exercise to identify ways to address gaps in capabilities to accelerate preparations for UNMIL’s drawdown and closure, in particular the transfer of UNMIL’s tasks on human rights monitoring, rule of law, national reconciliation and security sector reform to the government and the UNCT to ensure continued progress in those areas, urges the Government of Liberia, UNMIL, and the UNCT to coordinate closely in the transfer of these responsibilities, and encourages the international community and donors to support the activities of the UNCT in assisting Liberia’s continued efforts to achieve sustainable peace;

           14.     Requests the Secretary-General direct UNMIL with support of international partners to facilitate the sustainable transfer of UNMIL Radio’s capabilities and equipment by 30 March 2018 to an independent entity;

           15.     Requests UNMIL to ensure that any support provided to non-United Nations security forces is provided in strict compliance with the Human Rights Due Diligence Policy on United Nations Support to non-United Nations Security Forces (S/2013/110);

                            Force Structure

           16.     Decides to reduce UNMIL’s remaining 1,240 military personnel to a ceiling of 434, comprising one company and appropriate enablers, including aviation assets, and to decrease UNMIL’s authorized police strength to 310 police personnel, including two formed police units and individual police officers required for the implementation of the mandate, by 28 February 2017;

           17.     Requests the Secretary-General to ensure that the police component has the requisite professional skills and experience to develop the leadership, internal management, professionalization and accountability mechanisms of the LNP;

                            Regional and Inter-Mission Cooperation

           18.     Calls on the Governments of Liberia and Cote d’Ivoire to continue reinforcing their cooperation, particularly with respect to the border area, including through increased monitoring, information sharing, and coordinated actions, and in implementing the shared border strategy to, inter alia, support the disarmament and repatriation of armed elements on both sides of the border and the voluntary return of refugees in safety and dignity, as well as to address the root causes of conflict and tension;

           19.     Recalls the intention to transfer the United Nations Operation in Côte d’Ivoire (UNOCI) quick reaction force established by resolution 2162 (2014) and as defined in paragraph 41 of resolution 2295 (2016) to the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) where it will continue to support UNMIL as defined in paragraph 33 of resolution 2226 (2015), while recognizing that this unit will become primarily a MINUSMA asset;

           20.     Recalls its authorization, pursuant to its resolutions 2162 (2014) and 2226 (2015), to the Secretary-General to deploy this unit to Liberia, subject to the consent of the troop-contributing countries concerned and the Government of Liberia, in the event of a serious deterioration of the security situation on the ground in order to temporarily reinforce UNMIL with the sole purpose of implementing its mandate and further recalls its requests to the Secretary-General to inform the Security Council immediately of any deployment of this unit to Liberia and to obtain Security Council authorization for any such deployment for a period that exceeds 90 days;

           21.     Requests the Secretary-General to keep it regularly informed of the situation in Liberia and the implementation of the mandate of UNMIL and to provide a report on the situation on the ground and implementation of this resolution no later than 15 June 2017, with an oral update for the Security Council on elections preparation no later than 31 August 2017 and another oral update after elections no later than 15 December 2017, with a concluding report by 15 April 2018;

           22.     Decides to remain seized of the matter.

 
   

Resolution 2332 (2016)

Adopted by the Security Council at its 7849th meeting, on 21 December 2016

 

           The Security Council,

           Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2175 (2014), 2191 (2014), 2209 (2015), 2235 (2015), 2254 (2015), 2258 (2015), 2268 (2016) and 2286 (2016) and its Presidential Statements of 3 August 2011 (S/PRST/2011/16), 21 March 2012 (S/PRST/2012/6), 5 April 2012 (S/PRST/2012/10), 2 October 2013 (S/PRST/2013/15), 24 April 2015 (S/PRST/2015/10) and 17 August 2015 (S/PRST/2015/15),

           Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations,

           Expressing outrage at the unacceptable and escalating level of violence and the killing of well over a quarter of a million people, including tens of thousands of child casualties, as a result of the Syrian conflict,

           Gravely distressed by the continued deterioration of the devastating humanitarian situation in Syria, and by the fact that urgent humanitarian assistance, including medical assistance, is now required by more than 13.5 million people in Syria, of whom 6.3 million are internally displaced, 3.9 million are living in hard-to-reach areas, including Palestinian refugees, and hundreds of thousands of civilians are trapped in besieged areas,

           Gravely concerned at the lack of effective implementation of its resolutions 2139 (2014), 2165 (2014), 2191 (2014) and 2258 (2015) and recalling in this regard the legal obligations of all parties under international humanitarian law and international human rights law, as well as all the relevant decisions of the Security Council, including by ceasing all attacks against civilians and civilian objects, including those involving attacks on schools, medical facilities and the deliberate interruptions of water supply, the indiscriminate use of weapons, including artillery, barrel bombs and air strikes, indiscriminate shelling by mortars, car bombs, suicide attacks and tunnel bombs, as well as the use of starvation of civilians as a method of combat, including by the besiegement of populated areas, and the widespread use of torture, ill-treatment, arbitrary executions, extrajudicial killings, enforced disappearances, sexual and gender-based violence, as well as all grave violations and abuses committed against children,

           Noting the progress made during 2016 in taking back areas of Syria from the Islamic State in Iraq and the Levant (ISIL, also known as Daesh), and Al-Nusrah Front (ANF) but expressing its grave concern that areas remain under their control and about the negative impact of their presence, violent extremist ideology and actions on stability in Syria and the region, including the devastating humanitarian impact on the civilian populations which has led to the displacement of hundreds of thousands of people, reaffirming its resolve to address all aspects of the threat posed by ISIL (also known as Daesh), ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and other terrorist groups, as determined by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council, and calling for the full implementation of Security Council resolutions 2170 (2014), 2178 (2014), 2199 (2015), 2249 (2015) and 2253 (2015),

           Expressing grave concern also at the movement of foreign terrorist fighters and other terrorists and terrorist groups into and out of Syria and reiterating its call on all States to take steps, consistent with international law, to prevent and suppress the flow of foreign terrorist fighters to ISIL, ANF and all other individuals, groups, undertakings and entities associated with ISIL or Al-Qaida, and other terrorist groups, as determined by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council,

           Reaffirming the primary responsibility of the Syrian authorities to protect the population in Syria and, reiterating that parties to armed conflict must take all feasible steps to protect civilians, and recalling in this regard its demand that all parties to armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel,

           Strongly condemning the arbitrary detention and torture of individuals in Syria, notably in prisons and detention facilities, as well as the kidnappings, abductions, hostage-taking and forced disappearances, and demanding the immediate end of these practices and the release of all arbitrarily detained persons starting with women and children, as well as sick, wounded and elderly people and United Nations and humanitarian personnel and journalists,

           Reiterating its strong condemnation of all forms of violence and intimidation to which those participating in humanitarian operations are increasingly exposed, as well as attacks on humanitarian convoys and acts of destruction and looting of their assets, and its urging of all parties involved in an armed conflict to promote the safety, security and freedom of movement of humanitarian personnel, including medical personnel and humanitarian personnel exclusively engaged in medical duties, and United Nations and its associated personnel and their assets, expressing its ongoing admiration at the dedication and commitment of the Syrian Red Crescent volunteers, and other humanitarian workers operating in deeply challenging conditions, and urging all parties to take all appropriate steps to ensure the safety and security of United Nations and associated personnel, those of its specialized agencies, and all other personnel engaged in humanitarian relief activities,

           Noting that, despite ongoing challenges, the United Nations and their implementing partners continue to deliver life-saving assistance to millions of people in need in Syria through humanitarian aid delivered across borders, including the delivery of food assistance for over 3 million people; non-food items for 2.9 million people; medical supplies for 9 million treatments, and water and sanitation supplies for over 2.5 million people,

           Deeply disturbed by the number of people reached with humanitarian assistance in hard-to-reach and besieged areas, and expressing grave alarm at the dire situation of the hundreds of thousands of civilians trapped in besieged areas in the Syrian Arab Republic,

           Reiterating its grave concern at all instances of hindrances to the effective delivery of humanitarian assistance, noting that ISIL (also known as Daesh), ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, are hindering the effective delivery of humanitarian assistance, and are responsible for preventing aid delivery through deliberate interference and obstruction,

           Reiterating further its grave concern at the continuing and growing impediments to the delivery of humanitarian assistance across conflict lines, including through a decline in convoy approvals by the Syrian authorities,

           Expressing grave concern that access to medical care continues to be severely restricted, and reiterating the need to respect the principle of medical neutrality, facilitate free passage to all areas for medical personnel, equipment, transport and supplies, including surgical items,

           Reaffirming the need to support the United Nations and their implementing partners in their efforts to expand the delivery of humanitarian assistance to reach all people in need in Syria, and further reaffirming its decision in resolution 2165 (2014) that all Syrian parties to the conflict shall enable the immediate and unhindered delivery of humanitarian assistance directly to people throughout Syria, by the United Nations and their implementing partners, on the basis of United Nations assessments of need and devoid of any political prejudices and aims, including by immediately removing all impediments to the provision of humanitarian assistance,

           Expressing its interest in receiving more detailed information from the UN Secretary-General on the delivery of humanitarian assistance by the United Nations and their implementing partners, in accordance with UNSC Resolution 2165 (2014),

           Expressing its appreciation for the work of the United Nations monitoring mechanism in monitoring shipments and confirming their humanitarian nature, in accordance with resolutions 2165 (2014), 2191 (2014) and 2258 (2015), and commending the mechanism’s efforts in facilitating cross-border delivery of humanitarian aid by the United Nations and their implementing partners, and encouraging the United Nations and their implementing partners to continue to take steps to scale up humanitarian deliveries into hard-to-reach and besieged areas, including by using, as effectively as possible, border crossings under resolution 2165 (2014),

           Reiterating the need for all parties to respect and uphold the relevant provisions of international humanitarian law and the United Nations guiding principles of humanitarian emergency assistance, and emphasizing the importance of upholding the principles of humanity, neutrality, impartiality and independence, in the provision of humanitarian assistance, and recalling also the importance of humanitarian deliveries reaching their intended beneficiaries,

           Noting the role that ceasefire agreements which are consistent with humanitarian principles and international humanitarian law can play in facilitating the delivery of humanitarian assistance in order to help save civilian lives, and recalling in this regard that the Terms for the Cessation of Hostilities in Syria, endorsed in its resolution 2268 (2016), when implemented, have benefited the humanitarian situation,

           Expressing grave concern at the more than 4.8 million refugees, including more than 3.4 million women and children, who have fled Syria as a result of ongoing violence, and recognizing that the continued deterioration of the humanitarian situation in Syria is further contributing to the movement of refugees and poses risks to regional stability,

           Reiterating its deep appreciation for the significant and admirable efforts that have been made by the countries of the region, notably Lebanon, Jordan, Turkey, Iraq and Egypt, to accommodate Syrian refugees, including the approximately 2.4 million refugees who have fled Syria since the adoption of resolution 2139 (2014), and mindful of the immense costs and social challenges incurred by these countries as a consequence of the crisis,

           Noting with concern that the international response to the Syrian and regional crisis continues to fall short of meeting the needs as assessed by host governments and the United Nations, therefore urging once again all Member States, based on burden-sharing principles, to support the United Nations and the countries of the region, including by adopting medium and long-term responses to alleviate the impact on communities, providing increased, flexible and predictable funding as well as increasing resettlement efforts, and noting the Syria Donors Conference held in London in February 2016, hosted by the United Kingdom, Germany, Norway, Kuwait and the United Nations,

           Noting with grave concern that impunity in Syria contributes to widespread violations and abuses of human rights and violations of international humanitarian law, stressing the need to end impunity for these violations and abuses, and re‑emphasizing in this regard the need that those who have committed or are otherwise responsible for such violations and abuses in Syria must be brought to justice,

           Emphasizing that the humanitarian situation will continue to deteriorate further in the absence of a political solution to the crisis,

           Determining that the deteriorating humanitarian situation in Syria continues to constitute a threat to peace and security in the region,

           Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council’s decisions,

           1.       Reiterates its demand that all parties, in particular the Syrian authorities, immediately comply with their obligations under international law, including international humanitarian law and international human rights law as applicable, and further demands the full and immediate implementation of all the provisions of Security Council resolutions 2139 (2014), 2165 (2014), and 2191 (2014) and 2258 (2015), and noting also the Presidential Statements of 2 October 2013 (S/PRST/2013/15), 24 April 2015 (S/PRST/2015/10) and 17 August 2015 (S/PRST/2015/15) and recalls that some of the violations and abuses committed in Syria may amount to war crimes and crimes against humanity;

           2.       Decides to renew the decisions in paragraphs 2 and 3 of Security Council resolution 2165 (2014) for a further period of twelve months, that is, until 10 January 2018;

           3.       Requests the Syrian authorities to expeditiously respond to all requests for cross-line deliveries submitted by the United Nations and their implementing partners, and to give such requests positive consideration;

           4.       Reiterates that the situation will continue to deteriorate further in the absence of a political solution to the Syrian conflict and recalls its demand for the full and immediate implementation of resolution 2254 (2015) to facilitate a Syrian-led and Syrian-owned political transition, in accordance with the Geneva Communiqué as set forth in the ISSG Statements, in order to end the conflict in Syria, and stresses again that the Syrian people will decide the future of Syria;

           5.       Requests the Secretary-General to report to the Council on the implementation of this resolution, and on compliance by all relevant parties in Syria, within the framework of its reporting on resolutions 2139 (2014), 2165 (2014), 2191 (2014) and 2258 (2015), and further requests the Secretary-General to include in his reports overall trends in humanitarian access;

           6.       Reaffirms that it will take further measures under the Charter of the United Nations in the event of non-compliance with this resolution or resolutions 2139 (2014), 2165 (2014) and 2191 (2014) and 2258 (2015);

           7.       Decides to remain actively seized of the matter.

 
   

Resolution 2331 (2016)

Adopted by the Security Council at its 7847th meeting, on 20 December 2016

 

           The Security Council,

           Recalling Presidential Statement 2015/25,

           Taking note of the Secretary-General’s reports S/2016/949, as well as S/2015/203 and S/2016/361,

           Recalling its primary responsibility for the maintenance of international peace and security, in accordance with the Charter of the United Nations,

           Recalling the United Nations Convention against Transnational Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which includes the first internationally agreed definition of the crime of trafficking in persons and provides a framework to effectively prevent and combat trafficking in persons, and further recalling the United Nations Global Plan of Action to Combat Trafficking in Persons,

           Recognizing that trafficking in persons in areas affected by armed conflict and post-conflict situations can be for the purpose of various forms of exploitation, including exploitation of the prostitution of others or other forms of sexual exploitation, forced labour, slavery or practices similar to slavery, servitude or the removal of organs; further recognizing that trafficking in persons in armed conflict and post-conflict situations can also be associated with sexual violence in conflict and that children in situations of armed conflict and persons displaced by armed conflict, including refugees, can be especially vulnerable to trafficking in persons in armed conflict and to these forms of exploitation,

           Reiterating the critical importance of all Member States fully implementing relevant Security Council resolutions, including resolutions 2195 (2014) and 2253 (2015), which express concern that terrorists benefit from transnational organized crime in some regions, including from the trafficking in persons among others, as well as 2242 (2015), which expresses concern that acts of sexual and gender-based violence are known to be part of the strategic objectives and ideology of certain terrorist groups; and recognizing the connection between trafficking in persons, sexual violence and terrorism and other transnational organized criminal activities, which can prolong and exacerbate conflict and instability or intensify its impact on civilian populations,

           Expressing deep concern that acts of sexual and gender-based violence, including when associated to trafficking in persons, are known to be part of the strategic objectives and ideology of certain terrorist groups, used as a tactic of terrorism and an instrument to increase their finances and their power through recruitment and the destruction of communities, as described in the relevant Secretary-General’s Reports; that trafficking in persons, in particular women and girls, remains a critical component of the financial flows to certain terrorist groups; and that, when leading to certain forms of exploitation, is being used by these groups as a driver for recruitment,

           Recognizing that trafficking in persons entails the violation or abuse of human rights, and underscoring that certain acts or offences associated with trafficking in persons in the context of armed conflict may constitute war crimes; and recalling further the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes as well as other crimes and the need for States to adopt appropriate measures within their national legal systems for those crimes for which they are required under international law to exercise their responsibility to investigate and prosecute,

           Expressing solidarity with victims of trafficking in persons, including victims of trafficking in persons in armed conflict and post-conflict situations and in humanitarian crisis derived from them; noting in this regard the importance of assistance and services for the physical, psychological and social recovery, rehabilitation and reintegration; recognizing the extreme trauma experienced by the victims of trafficking in persons in the context of armed conflict and sexual violence in conflict, and that humanitarian organizations should consider this vulnerability in humanitarian planning,

           Reaffirming that trafficking in persons in the context of armed conflict, especially women and girls, cannot and should not be associated with any religion, nationality, or civilization,

           Emphasizing the importance of engaging religious and traditional leaders, paying particular attention to amplifying the voices of women and girls alongside men and boys, with the objective of countering terrorism and violent extremism which can be conducive to terrorism, refuting the justification of trafficking in persons in the context of armed conflict and sexual or other violence in conflict, addressing the stigmatization suffered by survivors and facilitating their return and reintegration in families and communities,

           Recalling all its resolutions on children and armed conflict that call for the protection of children affected by armed conflicts; condemning all violations and abuses against children in armed conflict and noting in particular that the recruitment and use of children in violation of applicable international law by parties to armed conflict can be associated with trafficking in persons; expressing grave concern over the high numbers of girls and boys among persons trafficked in armed conflict and their heightened vulnerability to violations and abuses, including girls and boys who are forcibly displaced by armed conflict, particularly when separated from their families or caregivers,

           Recalling resolution 2249 (2015), in which the Security Council condemns in the strongest terms the gross, systematic, and widespread abuses of human rights and violations of international humanitarian law by ISIL (also known as Daesh), and resolution 2253 (2015), in which the Security Council condemns in the strongest terms abductions of women and children, including by ISIL, ANF, and associated individuals, groups, undertakings and entities, expresses outrage at their exploitation and abuse, including rape and sexual violence, forced marriage, and enslavement by these entities, and notes that any person or entity who transfers funds to ISIL directly or indirectly in connection with such exploitation and abuse would be eligible for listing by the Security Council Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities,

           Noting with concern the criminal misuse of information and communications technologies, particularly the Internet, to facilitate the trafficking of persons, in particular the sale and trade, by certain terrorist groups and emphasizing the importance of countering such use as part of counter-terrorism efforts while respecting human rights and fundamental freedoms and in compliance with other obligations under international law,

           1.       Condemns in the strongest terms all instances of trafficking in persons in areas affected by armed conflicts, and stresses that trafficking in persons undermines the rule of law and contributes to other forms of transnational organized crime, which can exacerbate conflict and foster insecurity and instability and undermine development;

           2.       Calls upon Member States:

           (a)      That have not yet done so, to consider as a matter of priority ratifying or acceding to and to fully implement the United Nations Convention Against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as well as all relevant international instruments;

           (b)      To take decisive and immediate action to prevent, criminalize, investigate, prosecute and ensure accountability of those who engage in trafficking in persons, including in the context of armed conflict, in which it is particularly important that evidence of such crimes be collected and preserved so that investigations and prosecutions may occur;

           (c)      To investigate, disrupt and dismantle networks involved in trafficking in persons in the context of armed conflict, in accordance with national legislation, including anti-money-laundering, anti-corruption and anti-bribery laws and, where appropriate, counter-terrorism laws, and underscores in this regard the importance of international law enforcement cooperation, including with respect to investigation, documentation, and prosecution of trafficking cases, calls in this regard for the continued support of the United Nations Office on Drugs and Crime (UNODC) and other relevant United Nations entities, and international and regional bodies, including INTERPOL, as appropriate, in providing technical assistance upon request and within their existing mandates, and encourages Member States to consider establishing jurisdiction in line with article 15 of the UN Convention against Transnational Organized Crime;

           (d)      To implement robust victim, and possible victim, identification mechanisms and provide access to protection and assistance for identified victims without delay, also in relation to trafficking in persons in armed conflict, including where such victims are refugees and internally displaced persons (IDPs), and to address comprehensively victims’ needs, including the provision of or access to medical, psychosocial assistance and legal aid, as well as ensure that victims are treated as victims of crime and in line with domestic legislation not penalized or stigmatized for their involvement in any unlawful activities in which they have been compelled to engage; calls in this regard for the continued support of UNODC and other relevant United Nations entities, including UNHCR, as well as international and regional bodies, including IOM, in assisting Member States, upon request, with identification of and assistance to trafficking victims;

           3.       Encourages Member States to:

           (a)      Build strong partnerships with the private sector and civil society, including local women organizations, and to redouble their efforts by encouraging these actors to provide information helping to identify, disrupt, dismantle and bring to justice individuals and networks involved in trafficking in persons in areas affected by armed conflict, including by training relevant officials such as law enforcement personnel, border control officers, labour inspectors, consular or embassy officials, judges and prosecutors and peacekeepers to identify indicators of trafficking in persons in areas affected by armed conflict in supply chains;

           (b)      Consider that in some circumstances trafficking in persons in armed conflict in all its forms and sexual violence in conflict can cause large movements of refugees and migrants; recalls the Convention Relating to the Status of Refugees and/or its Protocol relating to the Status of Refugees; and furthermore urges that all refugee-receiving countries provide information on the services available to victims of trafficking and sexual violence survivors, ensure sustainable psychosocial support and provide survivors with the option to document their cases for future legal action to hold traffickers accountable, and that due consideration is given to clarifying and securing the legal status of undocumented refugee children, including refugee children conceived as a result of sexual violence or exploitation, to avoid situations of possible statelessness;

           4.       Encourages the Financial Action Task Force (FATF) and FATF-Style Regional Bodies (FSRBs) to consider including an analysis of financial flows associated with trafficking in persons that finances terrorism as part of its ongoing work, in close cooperation with CTED, the Analytical Support and Sanctions Monitoring Team and with UNODC;

           5.       Calls on those Member States who have not yet done so to develop the expertise of their Financial Intelligence Units (FIUs) to analyse cases of trafficking in persons that finance terrorism, and encourages them to work together to develop that capacity, and, in this regard, further encourages Member States and relevant UN entities and other international and regional organizations to provide other States which may need so, upon their request, with the financial, material and technical assistance that they may require to build the capacity mentioned above;

           6.       Calls on Member States to consider reinforcing legal and regulatory measures to facilitate the sharing of information, both domestically and internationally, between law enforcement and regulatory actors and the private sector as well as within the private sector, in line with applicable international and national law, to help identify and detect suspicious financial activity related to trafficking in persons that finances terrorism, while also recognizing the need to protect the confidentiality of personal data of victims;

           7.       Recalls its decision, in resolution 1373 (2001) that all Member States shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice, urges all States to ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and penalize in a manner duly reflecting the seriousness of the offence of trafficking in persons committed with the purpose of supporting terrorist organizations or individual terrorists, including through the financing of and recruitment for the commission of terrorist acts;

           8.       Stresses that acts of trafficking in persons in armed conflict and sexual and gender-based violence in conflict, including when it is associated to trafficking in persons in armed conflict, can be part of the strategic objectives and ideology of, and used as a tactic by certain terrorist groups, by, inter alia, incentivizing recruitment; supporting financing through the sale, trade and trafficking of women, girls and boys; destroying, punishing, subjugating, or controlling communities; displacing populations from strategically important zones; extracting information for intelligence purposes from male and female detainees; advancing ideology which includes the suppression of women’s rights and the use of religious justification to codify and institutionalize sexual slavery and exert control over women’s reproduction; and therefore encourages all relevant actors at the national, regional and international level to ensure that such considerations are taken into account, in accordance with their obligations under international law and national laws;

           9.       Underlines further that achieving the strategic objectives noted above may entail the use of various forms of sexual violence in conflict, also when associated with trafficking in persons in the context of armed conflict, including, inter alia, rape, sexual slavery, forced prostitution and forced pregnancy, and notes that these different forms of sexual violence in conflict may require tailored programmatic responses including specialized medical and psychosocial assistance and analysis as a basis for action;

           10.     Affirms that victims of trafficking in persons in all its forms, and of sexual violence, committed by terrorist groups should be classified as victims of terrorism with the purpose of rendering them eligible for official support, recognition and redress available to victims of terrorism, have access to national relief and reparations programmes, contribute to lifting the sociocultural stigma attached to this category of crime and facilitate rehabilitation and reintegration efforts; furthermore emphasizes that survivors should benefit from relief and recovery programmes, including health care, psychosocial care, safe shelter livelihood support and legal aid and that services should include provision for women with children born as a result of wartime rape, as well as men and boys who may have been victims of sexual violence in conflict, including when it is associated with trafficking in persons in armed conflict;

           11.     Condemns all acts of trafficking, particularly the sale or trade in persons undertaken by the “Islamic State of Iraq and the Levant” (ISIL, also known as Da’esh), including of Yazidis and other persons belonging to religious and ethnic minorities, and condemns also any such trafficking in persons and violations and other abuses committed by Boko Haram, Al-Shabaab, the Lord’s Resistance Army, and other terrorist or armed groups for the purpose of sexual slavery, sexual exploitation, and forced labour, recognizes the importance of collecting and preserving evidence relating to such acts in order to ensure that those responsible can be held accountable, and notes that such acts may also contribute to the funding and sustainment of such groups or to serve other strategic objectives as outlined in paragraph 5 above;

           12.     Expresses its intention to consider targeted sanctions for individuals and entities involved in trafficking in persons in areas affected by armed conflict and in sexual violence in conflict, and encourages information exchange and other appropriate forms of cooperation between relevant United Nations entities, including the Special Representative on Sexual Violence in Conflict and the Special Representative on Children in Armed Conflict, within their respective mandates, regarding initiatives and strategies to curb trafficking in persons in the context of armed conflict;

           13.     Expresses further its intention to integrate the issue of trafficking in persons in the areas affected by armed conflict and sexual violence in conflict into the work of relevant sanctions committees where in accordance with their mandates, and to ensure that sexual violence in conflict expertise, including when it is associated with trafficking in persons in the context of armed conflict consistently informs the work of sanctions committees, and further expresses its intention to invite the Special Representatives of the Secretary-General on Sexual Violence in Conflict and on Children and Armed Conflict to brief these sanctions committees, as necessary, in accordance with the Committee’s rules of procedure, and to provide relevant information including, if applicable, the names of individuals involved in the trafficking in persons who may meet the committees’ designation criteria;

           14.     Requests the Analytical Support and Sanctions Monitoring Team, when consulting with Member States, to include in their discussions the issue of trafficking in persons in the areas of armed conflict and the use of sexual violence in armed conflict as it relates to ISIL (also known as Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities and to report to the Security Council Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) on these discussions as appropriate;

           15.     Encourages Member States to ensure that existing national strategic frameworks and national action plans against trafficking in persons national action plans and other planning frameworks on women and peace and security, developed through broad consultations, including with civil society, and comprehensive and integrated national counter-terrorism strategies are complementary and mutually reinforcing;

           16.     Requests the Counter-Terrorism Committee Executive Directorate (CTED), within its existing mandate, under the policy guidance of the Counter-Terrorism Committee (CTC), and in close cooperation with UNODC and other relevant entities, to include in CTED’s country assessments, as appropriate, information regarding Member States efforts to address the issue of trafficking in persons where it is committed for the purpose of supporting terrorism, including through the financing of or recruitment for the commission of terrorist acts;

           17.     Encourages UNODC and other relevant United Nations entities, including UNHCR and UNICEF, and other international and regional bodies, including INTERPOL and the International Organization for Migration (IOM), to continue supporting upon request, in accordance with their respective mandates and expertise, Member States efforts to develop such capabilities, including through the exchange of information and the strengthening of networks for regional and international cooperation in relation to trafficking in persons in areas affected by armed conflict; and in this regard, encourages further the above-mentioned entities and bodies to train their personnel to prevent and respond appropriately to trafficking in persons in areas affected by armed conflict in all its forms and sexual violence in conflict; support the tracking and identification of individuals and groups responsible for the trafficking in persons in the context of armed conflict; share relevant information to ensure accountability; enhance cooperation in documentation, extradition and legal assistance and enhance public awareness to combat trafficking in persons in armed conflict, including when it is associated with sexual violence in conflict and facilitate accountability;

           18.     Takes note with appreciation of the efforts undertaken by the Special Representative on Sexual Violence in Conflict and the Team of Experts on Rule of Law and Sexual Violence in Conflict to strengthen monitoring and analysis of sexual violence in conflict, including when associated with trafficking in persons in armed conflict and post-conflict situations, used as a tactic of war and also as a tactic by certain terrorist groups, as well as in seeking concrete and time-bound commitments and implementation plans by all parties to conflict to prevent and address such crimes in line with resolutions 1960 and 2106, and encourages a more systematic approach and the acceleration of such efforts; furthermore requests information, as appropriate, on practical measures undertaken by parties to the conflict pursuant to the above-mentioned commitments and implementation plans;

           19.     Further encourages Member States to provide training to all peacekeeping personnel to be deployed in UN peace operations in conflict and post-conflict zones on responding to trafficking in persons in the context of armed conflict, gender expertise, sexual exploitation and abuse prevention and assessing sexual violence in conflict as a component of predeployment training, and to ensure that this consideration is integrated into the performance and operational readiness standards against which troops are assessed;

           20.     Urges relevant UN agencies operating in humanitarian crises derived from armed conflict and post-conflict situations to ensure, in accordance with their respective mandates, that the risk of trafficking in persons in armed conflict is considered in protection of civilians and humanitarian needs assessments, that they build their technical capacity to assess situations for instances of trafficking in persons in armed conflict and that they work together to identify, prevent and respond effectively to victims of trafficking; and calls upon the Inter-Agency Standing Committee to strengthen the humanitarian community’s response to addressing trafficking in persons in armed conflict and exploitation during a crisis through existing protection mechanisms and programming;

           21.     Invites the Secretary-General to integrate, when relevant, the issue of trafficking in persons in the context of armed conflict and post-conflict situations in all its forms as a factor in conflict prevention strategies, conflict analysis, integrated missions’ assessment and planning, peacebuilding support and humanitarian response; requests that relevant mission and thematic reporting to the Security Council includes information relating to trafficking in persons in the context of armed conflict and recommendations to address it; requests further that the Secretary-General takes steps to improve the collection of data, monitoring and analysis of trafficking in persons in the context of armed conflict, in order to better identify and prevent its incidence;

           22.     Welcomes further briefings on trafficking in persons in armed conflict, as necessary, by relevant United Nations entities, including the Executive Director of UNODC, and other international and regional bodies such as IOM; and encourages further consideration of the perspective and experience of civil society representatives, in particular of survivors of trafficking in persons in armed conflict, in briefings to the Security Council in relevant country-specific considerations and thematic areas, in accordance with established practice and procedure;

           23.     Requests the Secretary-General to follow up the implementation of this resolution and report, within twelve months, on strengthening coordination within the United Nations system, including through the United Nations’ Inter-Agency Coordination Group against Trafficking in Persons (ICAT), to prevent and counter trafficking in persons in armed conflict in all its forms, and to protect those affected by armed conflict at risk of being trafficked, especially women and children; and further requests that this report also consider, inter alia, options for: strengthening efforts by existing subsidiary bodies of the Security Council, Security Council-mandated peacekeeping operations and special political missions, in accordance with their respective mandates, as well as by Member States; data on geographical areas, routes or locations where patterns of trafficking in persons in armed conflict are being developed, in coordination with all relevant UN entities; and recommendations for UN agencies to mitigate the risk of contributing to trafficking in persons in armed conflict through procurement and supply chains;

           24.     Decides to remain actively seized of this matter.

 
   

Resolution 2330 (2016)

Adopted by the Security Council at its 7843rd meeting, on 19 December 2016

 

           The Security Council,

           Noting with concern that the situation in the Middle East is tense and is likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem can be reached,

           Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force (UNDOF) of 7 December 2016 (S/2016/1037) and also reaffirming its resolution 1308 (2000) of 17 July 2000,

           Stressing that both parties must abide by the terms of the 1974 Disengagement of Forces Agreement between Israel and the Syrian Arab Republic and scrupulously observe the ceasefire,

           Concurring with the Secretary-General’s findings that the ongoing military activities conducted by any actor in the area of separation continue to have the potential to escalate tensions between Israel and the Syrian Arab Republic, jeopardize the ceasefire between the two countries, and pose a risk to the local civilian population and United Nations personnel on the ground,

           Expressing grave concern at all violations of the Disengagement of Forces Agreement,

           Stressing that there should be no military forces in the area of separation other than those of UNDOF,

           Strongly condemning the continued fighting in the area of separation, calling on all parties to the Syrian domestic conflict to cease military actions in the UNDOF area of operations and to respect international humanitarian law,

           Condemning the use of heavy weapons by both the Syrian armed forces and armed groups in the ongoing Syrian conflict in the area of separation, including the use of tanks by the Syrian armed forces and opposition during clashes,

           Echoing the Secretary-General’s call upon all parties to the Syrian domestic conflict to cease military actions throughout the country, including in the UNDOF area of operations,

           Reaffirming its readiness to consider listing individuals, groups, undertakings, and entities providing support to the Islamic State of Iraq in the Levant (ISIL, also known as Da’esh) or to the Al-Nusra Front, including those who are financing, arming, planning, or recruiting for ISIL or the Al-Nusra Front and all other individuals, groups, undertakings, and entities associated with ISIL and Al-Qaida as listed on the ISIL (Da’esh) and Al-Qaida Sanctions List, including those participating in or otherwise supporting attacks against UNDOF peacekeepers,

           Recognizing the necessity of efforts to flexibly adjust UNDOF’s posture on a temporary basis to minimize the security risk to UNDOF personnel as UNDOF continues to implement its mandate, while emphasizing that the ultimate goal is for the peacekeepers to return to their positions in UNDOF’s area of operations as soon as practicable,

           Emphasizing the importance of Security Council and troop-contributing countries having access to reports and information related to UNDOF’s current temporary configuration, and reinforcing that such information assists the Security Council with evaluating, mandating, and reviewing UNDOF and with effective consultation with troop-contributing countries,

           Underscoring the need for UNDOF to have at its disposal all necessary means and resources to carry out its mandate safely and securely, including technology and equipment to enhance its observation of the area of separation and the ceasefire line, and to improve force protection, as appropriate, and recalling that the theft of United Nations weapons and ammunition, vehicles and other assets, and the looting and destruction of United Nations facilities, are unacceptable,

           Expressing its profound appreciation to UNDOF’s military and civilian personnel, including those from Observer Group Golan, for their service in an increasingly challenging operating environment, underscoring the important contribution UNDOF’s continued presence makes to peace and security in the Middle East, welcoming steps taken to enhance the safety and security of UNDOF, including Observer Group Golan, personnel, and stressing the need for continued vigilance to ensure the safety and security of UNDOF and Observer Group Golan personnel,

           Strongly condemning incidents threatening the safety and security of United Nations personnel,

           Expressing its appreciation to UNDOF, including Observer Group Golan, for the efforts made to upgrade and expand its positions on Mount Hermon, including the establishment of new positions,

           Taking note of the Secretary-General’s plan for UNDOF to return to vacated positions, starting with Camp Faouar on the Bravo side, based on a continuous assessment of security in the area of separation and its surroundings, and continued discussion and coordination with the parties,

           1.       Calls upon the parties concerned to implement immediately its resolution 338 (1973) of 22 October 1973;

           2.       Stresses the obligation on both parties to scrupulously and fully respect the terms of the 1974 Disengagement of Forces Agreement, calls on the parties to exercise maximum restraint and prevent any breaches of the ceasefire and the area of separation, encourages the parties to take advantage of UNDOF’s liaison function regularly to address issues of mutual concern, as appropriate, and underscores that there should be no military activity of any kind in the area of separation, including military operations by the Syrian Arab Armed Forces;

           3.       Underlines that there should be no military activity of the armed opposition groups in the area of separation, and urges Member States to convey strongly to the Syrian armed opposition groups in UNDOF’s area of operations to halt all activities that endanger United Nations peacekeepers on the ground and to accord the United Nations personnel on the ground the freedom to carry out their mandate safely and securely;

           4.       Calls on all groups other than UNDOF to abandon all UNDOF positions and the Quneitra crossing point, and return the peacekeepers’ vehicles, weapons, and other equipment;

           5.       Calls on all parties to cooperate fully with the operations of UNDOF, to respect its privileges and immunities and to ensure its freedom of movement, as well as the security of and unhindered and immediate access for the United Nations personnel carrying out their mandate, including the unimpeded delivery of UNDOF equipment and the temporary use of alternative ports of entry and departure, as required, to ensure safe and secure troop rotation and resupply activities, in conformity with existing agreements, and urges prompt reporting by the Secretary-General to the Security Council and troop-contributing countries of any actions that impede UNDOF’s ability to fulfil its mandate;

           6.       Commends the establishment of a new temporary crossing point for UNDOF personnel between the Alpha and Bravo sides for contingency situations, in the absence of the established crossing at Quneitra, and in this regard, calls on the parties to constructively engage with UNDOF, with the understanding that the Quneitra crossing will be re-opened as soon as security conditions permit;

           7.       Welcomes the return of an initial UNDOF contingent to Camp Faouar, as well as the cooperation of the parties to facilitate this return, together with continued efforts to plan for UNDOF’s expeditious return to vacated positions in the area of separation, including the provision of adequate force protection, based on a continuous assessment of security in the area;

           8.       Underscores the importance of deploying appropriate technology, including counter-improvised explosive device (IED) capabilities and a sense and warn system, to ensure the safety and security of UNDOF personnel and equipment, following appropriate consultations with the parties;

           9.       Encourages the parties to the Disengagement Agreement to engage constructively to make the necessary temporary arrangements with UNDOF for the force’s return to vacated positions, taking into account existing agreements;

           10.     Welcomes the efforts being undertaken by UNDOF 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;

           11.     Decides to renew the mandate of UNDOF for a period of six months, that is, until 30 June 2017, and requests the Secretary-General to ensure that UNDOF has the required capacity and resources to fulfil the mandate in a safe and secure way;

           12.     Requests the Secretary-General to report every 90 days on developments in the situation and the measures taken to implement resolution 338 (1973).

 
   

Resolution 2329 (2016)

Adopted by the Security Council at its 7842nd meeting, on 19 December 2016

 

           The Security Council,

           Reaffirming its determination to combat impunity for all those responsible for serious international crimes and the necessity of all persons indicted by the International Tribunal for the former Yugoslavia (“ICTY”) being brought to justice,

           Recalling its resolutions 827 (1993) of 25 May 1993, 1503 (2003) of 28 August 2003, 1534 (2004) of 26 March 2004, 1966 (2010) of 22 December 2010, 2256 (2015) of 22 December 2015 and 2306 (2016) of 6 September 2016,

           Recalling the appointment of Judge Burton Hall by the Secretary-General as a judge of the ICTY to be assigned on an ad hoc and temporary basis to the Appeals Chamber,

           Taking note of the letter to the President of the Council from the Secretary-General dated 11 November 2016 (S/2016/959), attaching a letter from the President of the ICTY dated 4 November 2016,

           Taking into account the assessment by the ICTY in its Completion Strategy Report (S/2016/976), and the trial and appeal schedules,

           Noting the concerns expressed by the President of the ICTY about staffing, and reaffirming that staff retention is essential for the most expeditious completion of the ICTY’s work,

           Having regard to Article 16 of the Statute of the ICTY,

           Having considered the nomination by the Secretary-General to reappoint Mr. Serge Brammertz as Prosecutor of the ICTY (S/2016/959),

           Acting under Chapter VII of the Charter of the United Nations,

           1.       Reiterates its request to the ICTY to complete its work and facilitate the closure of the Tribunal as expeditiously as possible with the aim of completing the transition to the International Residual Mechanism for Criminal Tribunals (“the Mechanism”) and, in light of resolution 1966 (2010), to redouble its efforts to review its projected case completion dates with a view towards shortening them as appropriate and to prevent any additional delays;

           2.       Takes note of the commitment of the ICTY to complete its judicial work no later than 30 November 2017;

           3.       Takes note of the request of the President of the ICTY for a final extension of the terms of office of the permanent judges of the ICTY, until 30 November 2017 or until the completion of the cases to which they are or will be assigned, if sooner, and strongly emphasizes that the following extensions and reappointment should be final;

           4.       Decides under this condition:

           (a)      To extend the terms of office of the following permanent judges of the ICTY, who are members of the Trial Chamber and the Appeals Chamber, until 30 November 2017 or until the completion of the cases to which they are or will be assigned, if sooner:

           Carmel Agius (Malta)

           Liu Daqun (China)

           Christoph Flügge (Germany)

           Theodor Meron (United States of America)

           Bakone Justice Moloto (South Africa)

           Alphons Orie (The Netherlands)

           Fausto Pocar (Italy)

           (b)      To reappoint Mr. Serge Brammertz as Prosecutor of the ICTY, notwithstanding the provisions of Article 16, paragraph 4, of the Statute of the ICTY related to the length of the term of office of the Prosecutor, for a term with effect from 1 January 2017 until 30 November 2017, which is subject to earlier termination by the Security Council upon the completion of the work of the ICTY;

           5.       Decides to extend the term of office of Judge Carmel Agius as President of the ICTY until 31 December 2017 or until one month after the completion of the cases referred to in paragraph 4 above, if sooner;

           6.       Underlines that States should cooperate fully with the ICTY, as well as with the Mechanism;

           7.       Commends the Office of Internal Oversight Services (OIOS) for the evaluation and recommendations made pursuant to resolution 2256 (2015), issued in the Report of the OIOS on Evaluation of the Methods and Work of the ICTY (S/2016/441), and encourages the ICTY to continue reporting on its implementation in its next six-monthly report to the Council on progress towards implementation of the ICTY Completion Strategy, without prejudice to the primacy given to the completion of its work;

           8.       Welcomes the adoption of the “Code of Professional Conduct for the Judges of the Tribunal”, and emphasizes the importance of developing a disciplinary mechanism for judges;

           9.       Decides to remain seized of the matter.

 
   

Resolution 2328 (2016)

Adopted by the Security Council at its 7841st meeting, on 19 December 2016

 

           The Security Council,

           Recalling all its relevant resolutions, especially 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015) and 2286 (2016),

           Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic,

           Alarmed by the continued deterioration of the devastating humanitarian situation in Aleppo and by the fact that urgent humanitarian evacuations and assistance are now needed by a large number of Aleppo inhabitants,

           Recalling the need for all parties to respect the relevant provisions of international humanitarian law and the United Nations guiding principles of humanitarian emergency assistance,

           1.       Takes note of the efforts to carry out evacuations of civilians and fighters from the districts of the city of Aleppo affected by the conflict;

           2.       Stresses that these evacuations must be conducted in accordance with international humanitarian law and principles and emphasizes that the evacuations of civilians must be voluntary and to final destinations of their choice, and protection must be provided to all civilians who choose or who have been forced to be evacuated and those who opt to remain in their homes;

           3.       Requests the United Nations and other relevant institutions to carry out adequate, neutral monitoring and direct observation on evacuations from the eastern districts of Aleppo and other districts of the city, and to report as appropriate thereon, to ensure further deployment of staff for these purposes as needed and demands all parties to provide these monitors with safe, immediate and unimpeded access;

           4.       Stresses the importance to ensure the voluntary, safe and dignified passage of all civilians from the eastern districts of Aleppo or other areas, under the monitoring of and coordination by the United Nations and other relevant institutions, to a destination of their choice; stresses that in such circumstances, priority should be given to the most seriously wounded people and the most vulnerable and calls on all the parties to cooperate with the United Nations in this regard;

           5.       Demands that all parties allow complete, immediate, unconditional, safe and unhindered access for the United Nations and its implementing partners, in order to ensure that humanitarian assistance reaches people through the most direct route in order to meet basic needs, including the provision of medical care, consistent with the provisions of its resolution 2258 (2015) for the whole of Syria and respect and protect all civilians across Aleppo and throughout Syria; stresses that all parties must respect their obligations under international humanitarian law and, in particular, to respect and protect civilians and civilian objects;

           6        Calls on all parties to respect and protect all medical and humanitarian personnel, their means of transport and equipment, as well as hospitals and other medical facilities throughout the country, consistent with its resolution 2286 (2016);

           7.       Requests the Secretary General to take urgent steps to make arrangements, including security arrangements in consultation with interested parties, to allow the observation by the United Nations and other relevant institutions of the well-being of civilians, as well as the full respect of international humanitarian law, inside the eastern districts of the city of Aleppo; notify the Security Council about these arrangements and to carry out the above mentioned activity immediately thereupon;

           8.       Further requests the Secretary General to report to the Security Council on the implementation of this resolution, including by the parties on the ground, within 5 days of adoption of this resolution;

           9.       Decides to remain actively seized of the matter.

 
   

Resolution 2327 (2016)

Adopted by the Security Council at its 7840th meeting, on 16 December 2016

 

           The Security Council,

           Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2223 (2015), 2241 (2015), 2252 (2015), 2302 (2016), and 2304 (2016) and statements by its President S/PRST/2014/16, S/PRST/2014/26, S/PRST/2015/9, S/PRST/2016/1, and S/PRST/2016/3,

           Reaffirming its strong commitment to the sovereignty, independence, territorial integrity, and national unity of the Republic of South Sudan, and recalling the importance of the principles of non-interference, good-neighbourliness, and regional cooperation,

           Reiterating its increasingly grave alarm and concern regarding the political, security, economic, and humanitarian crisis in South Sudan, resulting from the internal Sudan People’s Liberation Movement (SPLM) political dispute, and subsequent violence caused by the country’s political and military leaders since December 2013, and emphasizing there can be no military solution to the situation in South Sudan and noting the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the Agreement) as the framework for durable peace, reconciliation and national cohesion in South Sudan, calling upon all stakeholders to re-affirm their commitment to the full and timely implementation of the Agreement, recognizing action taken in this regard, and encouraging continued action,

           Recalling its press statement of 18 November 2016 on the ethnic violence and the situation in South Sudan and, in this regard, expressing deep alarm over the escalation of ethnic violence, particularly in the Equatorias, and strongly condemning all instances of attacks against civilians, ethnically targeted killings, hate speech, and incitements to violence, and further expressing deep concern at the possibility that what began as a political conflict could transform into an outright ethnic war, as noted by the Special Adviser for the Prevention of Genocide, Adama Dieng,

           Expressing deep concern at the tense and fragile security situation across the country, including armed clashes and violence involving the Sudan People’s Liberation Army (SPLA) and SPLA-In Opposition (SPLA-IO), and armed groups, condemning in the strongest terms the fighting in Juba, South Sudan 8-11 July 2016, including attacks against civilians, United Nations personnel, premises and property, and humanitarian personnel and assets, further condemning the clashes that took place at the United Nations Protection of Civilians site in Malakal, South Sudan on 17-18 February 2016, and reminding all parties of the civilian character of Protection of Civilians sites in South Sudan,

           Recalling that individuals or entities responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan, may be designated for targeted sanctions pursuant to resolution 2206 (2015), 2271 (2016), 2280 (2016), and 2290 (2016), including individuals who engage in attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel recalling its willingness to impose targeted sanctions,

           Taking note of the decisions adopted by the Intergovernmental Authority on Development (IGAD), including the continued and collective commitment of the region in the search of lasting peace, security and stabilization in South Sudan, including through the early deployment and full operationalization of the Regional Protection Force (RPF), and taking note of the Transitional Government of National Unity’s (TGNU) consent to deployment of such a force in the 4 September 2016 UN Security Council-TGNU Joint Communique as well as in its 30 November 2016 letter, urging the TGNU to implement its commitments, and welcoming the readiness expressed by member states in the region to increase their contribution of troops to the United Nations Mission in the Republic of South Sudan (UNMISS) for this purpose,

           Stressing the primacy of the political process and, in this regard, looking forward to its reinvigoration and the design of a clear political strategy for the peaceful resolution of the conflict in South Sudan, based on the framework provided by the Agreement, with the support of the UN Secretary-General through the use of his good offices, in close collaboration with the African Union (AU), including its High Representative Alpha Oumar Konare and IGAD, including the Joint Monitoring and Evaluation Commission (JMEC) Chairperson Festus Mogae, to achieve a cessation of hostilities and lead the parties to an inclusive peace process and implementation of the Agreement,

           Welcoming the commitment of countries in the region, the African Union Peace and Security Council, and IGAD to continue engaging with South Sudanese leaders to address the current political crisis, encouraging their continued proactive engagement and in this regard, taking note of the communiqué of the 29th Extraordinary Summit of the IGAD Heads of State and Government,

           Commending the work of UNMISS, stressing the importance of effective engagement and liaison with local communities, as well as humanitarian actors, including through regular communication about security threats and related information, both within and outside the Protection of Civilians sites, in order to fulfil UNMISS’s Protection of Civilians mandate,

           Recognizing that unarmed civilian protection can often complement efforts to build a protective environment, particularly in the deterrence of sexual and gender-based violence against civilians, and encouraging UNMISS, as appropriate, and when possible, to explore how it can use civilian protection techniques to enhance its ability to protect civilians, in line with the UN Secretary-General’s recommendation,

           Strongly condemning the continued obstruction of UNMISS by the TGNU, including severe restrictions on freedom of movement and constraints on mission operations which may be in violation of its obligations under the Status of Forces Agreement (SOFA),

           Strongly condemning all human rights violations and abuses and violations of international humanitarian law, including those involving extrajudicial killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, recruitment and use of children, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, targeting of members of civil society, and attacks on schools, places of worship, hospitals, and United Nations and associated personnel, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that South Sudan’s TGNU bears the primary responsibility to protect its populations from genocide, war crimes, ethnic cleansing, and crimes against humanity,

           Expressing grave concern at the findings of the Special Representative of the Secretary-General on Sexual Violence in Conflict of the systematic and widespread use of sexual violence as a tactic by parties to the conflict against the civilian population, particularly against women and girls in South Sudan,

           Stressing the increasingly urgent need to end impunity in South Sudan and to bring to justice all perpetrators of such crimes, and further stressing the importance of accountability, reconciliation and healing in ending impunity and ensuring a sustainable peace,

           Further condemning the use of media to broadcast hate speech and transmit messages instigating violence against a particular ethnic group, a practice that has the potential to play a significant role in promoting mass violence and exacerbating conflict, calling on the Government of South Sudan to immediately condemn and counter increasing hate speech and ethnic violence and to promote reconciliation among its people, including through a process of justice and accountability,

           Taking note with interest of the reports on the human rights situation in South Sudan issued by UNMISS and the Secretary-General, as well as the report of the AU Commission of Inquiry on South Sudan and the Separate Opinion, expressing grave concern that according to some reports, including the AU Commission of Inquiry report on South Sudan, released on 27 October 2015, there were reasonable grounds to believe that war crimes and crimes against humanity had been committed, emphasizing its hope that these and other credible reporting will be duly considered by any transitional justice and reconciliation mechanisms for South Sudan including those established in the Agreement, stressing the importance of collection and preservation of evidence for eventual use by the Hybrid Court for South Sudan, and encouraging efforts in this regard,

           Expressing serious and urgent concern over the approximately 2.94 million displaced persons and deepening humanitarian crisis, including an estimated
4.8 million that face severe food insecurity and six million in need of assistance, and that half of the country’s children are out of school, stressing the responsibility borne by all parties to the conflict for the immense suffering of the people of South Sudan, including the destruction or damage to livelihoods and productive assets, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population,

           Expressing concern at the obstructions by all parties to civilians’ movement and to humanitarian actors’ movement to reach civilians in need of assistance, and recalling the need for all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, including humanity, impartiality, neutrality, and independence, the full, safe and unhindered access of relief personnel, equipment and supplies and timely delivery of humanitarian assistance, to all those in need, in particular to internally displaced persons (IDPs), and refugees,

           Condemning all attacks against humanitarian personnel and facilities that resulted in the deaths of at least 67 personnel since December 2013, including the attack on the Terrain compound on 11 July 2016 and attacks against medical personnel and hospitals, noting with alarm the increasing trend of harassment and intimidation of humanitarian personnel, and recalling that attacks against humanitarian personnel and objects indispensable to the survival of the civilian population may amount to violations of international humanitarian law,

           Expressing its deep appreciation for the actions taken by UNMISS peacekeepers and Troop- and Police-Contributing Countries to protect civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation within and beyond UNMISS sites,

           Recognizing the significant resource and capacity challenges the Mission faces in implementing its mandate, expressing appreciation for UNMISS’s ongoing efforts to ensure the safety of IDPs seeking protection on its sites, while recognizing the importance of finding sustainable solutions for IDPs in keeping with the Guiding Principles on Internal Displacement, and underlining in this regard the need to extend its presence, including through proactive deployment and patrolling, to areas of displacement, return, and local integration,

           Emphasizing the importance of the rule of law as one of the key elements of conflict prevention, peacekeeping, conflict resolution and peacebuilding,

           Emphasizing that persistent barriers to full implementation of resolution 1325 (2000), and subsequent resolutions on women, peace, and security including 2242 (2015), will only be dismantled through dedicated commitment to women’s empowerment, participation, and human rights, and through concerted leadership, consistent information and action, and support, to build women’s engagement in all levels of decision-making,

           Expressing grave concern regarding the threats made to oil installations, petroleum companies and their employees, and urging all parties to ensure the security of economic infrastructure,

           Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in South Sudan arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,

           Reiterating the importance of UNMISS ensuring the security of its air operations in South Sudan,

           Strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, including the December 2012 downing of a United Nations helicopter by the SPLA, the April 2013 attack on a United Nations convoy, the December 2013 attack on the UNMISS camp in Akobo, the August 2014 shooting down of a United Nations helicopter by unidentified armed groups, the August 2014 arrest and detention of an IGAD monitoring and verification team, the October 2015 seizure and detention of UNMISS personnel and equipment in Upper Nile State by opposition forces, the February 2016 attack on the Malakal protection of civilians site, the July 2016 attack on the Juba protection of civilians site, and the Terrain Compound attack, the detention and kidnappings of United Nations and associated personnel, the repeated attacks on the UNMISS camps in Bor, Bentiu, Malakal and Melut, and the disappearance purportedly caused by SPLA forces, and deaths of three United Nations-affiliated national staff and one national contractor in Upper Nile State, and, calling upon the Government of South Sudan to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,

           Taking note of the letters from the Secretary-General per paragraph 16 of resolution 2304 (2016) and the 10 November 2016 Secretary-General’s Reports (S/2016/950 and S/2016/951) and the recommendations contained therein,

           Determining that the situation in South Sudan 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.       Demands that all parties immediately end the fighting throughout South Sudan, and further demands that South Sudan’s leaders implement the permanent ceasefire declared in the Agreement and ceasefires for which they respectively called on 11 July 2016, and ensure that subsequent decrees and orders directing their commanders control their forces and protect civilians and their property are fully implemented;

           2.       Demands that the TGNU of South Sudan comply with the obligations set out in the SOFA between the Government of South Sudan and the United Nations, and immediately cease obstructing UNMISS in the performance of its mandate, and further demands the TGNU immediately cease obstructing international and national humanitarian actors from assisting civilians, and facilitate freedom of movement for the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) and calls on the TGNU to take action, to deter, and to hold those responsible to account for any hostile or other actions that impede UNMISS or international and national humanitarian actors;

           3.       Expresses its intention to consider all appropriate measures, as demonstrated by adoption of resolutions 2206 (2015) and 2290 (2016), against those who take actions that undermine the peace, stability, and security of South Sudan, recalls the designation criteria detailed in paragraph 7 of resolution 2206 (2015), stresses the sanctity of United Nations protection sites, and specifically underscores that individuals or entities that are responsible or complicit in, or have engaged in, directly or indirectly, attacks against UNMISS personnel and premises and any humanitarian personnel, may meet the designation criteria;

           4.       Takes note of the TGNU’s announcement to conduct an inclusive national dialogue, strongly urges all parties to engage in an open and fully inclusive national political dialogue seeking to implement lasting peace, reconciliation and good governance, including through the full and effective participation of youth, women, diverse communities, faith groups, civil society, and all political parties, calls upon all parties to ensure women’s full and effective representation and leadership in all conflict resolution and peacebuilding efforts including through support to women’s civil society organizations, and encourages the efforts of the JMEC, IGAD, the AU, and the United Nations to support implementation of the Agreement;

           5.       Decides to extend the mandate of UNMISS until 15 December 2017;

           6.       Decides to increase the overall force levels of UNMISS by maintaining a troop ceiling of 17,000 troops, including 4,000 for the Regional Protection Force, and increasing the police ceiling to 2,101 police personnel, including individual police officers, formed police units and 78 corrections officers, and requests the Secretary-General to take the necessary steps to expedite force and asset generation;

           7.       Decides that the mandate of UNMISS shall be as follows, and authorizes UNMISS to use all necessary means to perform the following tasks:

           (a)      Protection of civilians:

           (i)       To protect civilians under threat of physical violence, irrespective of the source of such violence, within its capacity and areas of deployment, with specific protection for women and children, including through the continued use of the Mission’s Child Protection and Women Protection Advisers;

           (ii)     To deter violence against civilians, including foreign nationals, especially through proactive deployment, active patrolling with particular attention to IDPs, including, but not limited to, those in protection sites and refugee camps, humanitarian personnel and human rights defenders, and identification of threats and attacks against civilians, including through regular interaction with civilians and working closely with humanitarian, human rights and development organizations, in areas at high risk of conflict including, as appropriate, schools, places of worship, hospitals, and the oil installations, in particular when the Government of the Republic of South Sudan is unable or failing to provide such security;

           (iii)    To implement a mission-wide early warning strategy, including a coordinated approach to information gathering, monitoring, verification, early warning and dissemination, and response mechanisms, including response mechanisms to threats and attacks against civilians that may involve violations and abuses of human rights or violations of international humanitarian law, as well as to prepare for further potential attacks on United Nations personnel and facilities;

           (iv)    To maintain public safety and security of and within UNMISS protection of civilians sites;

           (v)      To deter and prevent sexual and gender-based violence within its capacity and areas of deployment, as highlighted in paragraph 41 of the Special Report of the Secretary-General of 10 November 2016 (S/2016/951);

           (vi)    To exercise good offices, confidence-building, and facilitation in support of the mission’s protection strategy, especially in regard to women and children, including to facilitate the prevention, mitigation and resolution of inter-communal conflict in order to foster sustainable local and national reconciliation as an essential part of preventing violence and long-term State-building activity;

           (vii)   To foster a secure environment for the eventual safe and voluntary return of IDPs and refugees including through monitoring of, ensuring respect for human rights by, and where compatible and in strict compliance with the United Nations Human Rights Due Diligence Policy (HRDDP), coordination with police services and civil society actors in relevant and protection-focused activities, such as sensitization to issues of sexual and gender-based violence, in order to strengthen protection of civilians;

           (b)      Monitoring, and investigating human rights:

           (i)       To monitor, investigate, verify, and report publicly and regularly on abuses and violations of human rights and violations of international humanitarian law, including those that may amount to war crimes or crimes against humanity;

           (ii)     To monitor, investigate, verify and report specifically and publicly on violations and abuses committed against children and women, including those involving all forms of sexual and gender-based violence in armed conflict by accelerating the implementation of monitoring, analysis and reporting arrangements on conflict-related sexual violence and by strengthening the monitoring and reporting mechanism for violations and abuses against children;

           (iii)    To monitor, investigate and report on incidents of hate speech and incitement to violence in cooperation with the UN Special Adviser on the Prevention of Genocide;

           (iv)    To coordinate with, and provide technical support to international, regional, and national mechanisms engaged in monitoring, investigating, and reporting human rights violations, as appropriate;

           (c)      Creating the conditions conducive to the delivery of humanitarian assistance:

           (i)       To contribute, in close coordination with humanitarian actors, to the creation of security conditions conducive to the delivery of humanitarian assistance, so as to allow, the rapid, safe and unhindered access of relief personnel to all those in need in South Sudan and timely delivery of humanitarian assistance, in particular to IDPs and refugees, recalling the need for compliance with the relevant provisions of international law and respect for the UN guiding principles of humanitarian assistance, including humanity, impartiality, neutrality, and independence;

           (ii)     To ensure the security and freedom of movement of United Nations and associated personnel where appropriate, and to ensure the security of its installations and equipment necessary for implementation of mandated tasks;

           (d)      Supporting the Implementation of the Agreement:

           To carry out, within its capabilities, the following tasks in support of the implementation of the Agreement:

           (i)       To support the planning and establishment of agreed transitional security arrangements, including support to the Joint Operations Centre;

           (ii)     To support, in coordination with the United Nations Country Team, as appropriate, the work of a National Constitutional Amendment Committee (NCAC) and the incorporation of the Agreement into the Transitional Constitution of the Republic of South Sudan, upon request of the parties to the Agreement;

           (iii)    To support, in coordination with the United Nations Country Team, as requested by the TGNU, the permanent constitution-making process, consistent with the Agreement, including providing technical assistance to the National Constitutional Review Commission for the drafting process and supporting public consultations during the constitution-making process;

           (iv)    To assist the parties to develop a strategy to address disarmament, demobilization, reintegration (DDR) and security sector reform (SSR) activities;

           (v)      To participate in and support the CTSAMM in implementation of its mandate to monitor the separation, assembly and cantonment of forces consistent with the Agreement, including to provide support for mobile and dedicated fixed site security;

           (vi)    To actively participate in and support the work of the JMEC;

           (vii)   To advise and assist, as appropriate, the National Elections Commission, in coordination with members of the United Nations Country Team, consistent with the Agreement;

           (viii)  To support the establishment and operationalization of an inclusive Joint Integrated Police (JIP), in coordination with members of the UN Country Team, by providing training support and advisory assistance, consistent with the HRDDP, including for the development and implementation of a training curriculum and strategic planning;

           8.       Recalls its resolution 2086 (2013) and reaffirms the basic principles of peacekeeping, as set forth in Presidential Statement S/PRST/2015/22, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, recognizes that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned;

           9.       To advance in cooperation with the TGNU the safety and security of the people of South Sudan and to create an enabling environment for implementation of the Agreement, decides that UNMISS shall continue to include a Regional Protection Force (RPF), and authorizes the RPF to use all necessary means, including undertaking robust action where necessary and actively patrolling, to accomplish the RPF mandate, to:

           (i)       Facilitate the conditions for safe and free movement into, out of, and around Juba, including through protecting the means of ingress and egress from the city and major lines of communication and transport within Juba;

           (ii)     Protect the airport to ensure the airport remains operational, and protect key facilities in Juba essential to the well-being of the people of Juba, as identified by the Special Representative of the Secretary-General;

           (iii)    Promptly and effectively engage any actor that is credibly found to be preparing attacks, or engages in attacks, against United Nations protection of civilians sites, other United Nations premises, United Nations personnel, international and national humanitarian actors, or civilians;

           10.     Affirms the Security Council’s intention to consider appropriate measures, to address the evolving situation in South Sudan, including those measures described in the Annex of resolution 2304 (2016), in case of political or operational impediments to operationalizing the RPF or obstructions to UNMISS in performance of its mandate due to the actions of the TGNU and all other parties to the conflict in South Sudan;

           11.     Emphasizes that protection of civilians must be given priority in decisions about the use of available capacity and resources within the mission, stresses that UNMISS’s mandate as set out in paragraphs 7 and 9 above includes authority to use all necessary means to protect United Nations personnel, installations and equipment to deter violence especially through proactive deployment and active patrolling, to protect civilians from threats, regardless of source, to create conditions conducive to delivery of humanitarian assistance by international and national actors, and support implementation of the Agreement, and stresses that such actions include, but are not limited to, within UNMISS’s capacity and areas of deployment, defending protection of civilians sites, establishing areas around the sites that are not used for hostile purposes by any forces, addressing threats to the sites, searching individuals attempting to enter the sites, and seizing weapons from those inside or attempting to enter the sites, removing from and denying entry of armed actors to the protection of civilians sites;

           12.     Requests and encourages the Special Representative of the Secretary-General to direct the operations of an integrated UNMISS and coordinate all activities of the United Nations system in the Republic of South Sudan, and to exercise his or her good offices to lead the UN system in South Sudan in assisting the JMEC, the AU and other actors, as well as the parties, with implementation of the Agreement and to promote peace and reconciliation, reaffirms in this regard the critical role that the UN plays, in coordination with regional organizations and other actors, to advance political dialogue between parties and contribute to achieving a cessation of hostilities and lead the parties to an inclusive peace process and to support the TGNU’s implementation of an inclusive Agreement, and to further strengthen its work to this end with the Chair of the JMEC and the AU High Representative in South Sudan and in the region;

           13.     Requests the Secretary-General to prioritize the complete deployment of UNMISS personnel to the authorized military and police strength, including tactical military helicopters, unarmed unmanned aerial systems, and necessary enablers for the RPF;

           14.     Requests UNMISS to take fully into account gender considerations as a crosscutting issue throughout its mandate, reaffirms the importance of appropriate gender expertise and training in all missions mandated by the Security Council, and further encourages Troop- and Police-contributing Countries to take measures to increase the deployment of women in the military, police, and civilian components of the Mission;

           15.     Requests UNMISS to continue to intensify its presence and active patrolling in areas of high risk of conflict, high concentrations of IDPs and refugees, including as guided by its early warning strategy, in all areas, and key routes for population movement, to extend its presence, including through proactive deployment and patrolling, to areas of displacement, return, resettlement, and reintegration, in order to foster a secure environment for the eventual safe and voluntary return of IDPs and refugees, and to conduct regular reviews of its geographic deployment to ensure that its forces are best placed to fulfil its mandate;

           16.     Recalls resolution 2272 (2016) and further requests the Secretary-General to take the necessary measures to ensure full compliance of UNMISS with the United Nations zero tolerance policy on sexual exploitation and abuse and to keep the Council fully informed through his regular country-specific reports to the Council about UNMISS’ progress in this regard, including with respect to the implementation of resolution 2272 (2016);

           17.     Encourages UNMISS to ensure that any support provided to non-United Nations security forces is provided in strict compliance with the HRDDP on United Nations Support to non-United Nations security forces;

           18.     Requests UNMISS to assist the Committee, within existing resources, established pursuant to paragraph 16 of resolution 2206 (2015) and the Panel of Experts established by the same resolution; further urges all parties and Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate;

           19.     Condemns in the strongest terms attacks on and threats made to UNMISS personnel and United Nations facilities, as well as those of IGAD, stresses that such attacks may constitute violations of the SOFA and/or war crimes, demands that all parties respect the inviolability of United Nations premises and immediately desist and refrain from any violence against those gathered at United Nations facilities, reiterates that the TGNU is bound by the terms of the SOFA, and further demands the immediate and safe release of detained and kidnapped United Nations and associated personnel;

           20.     Condemns the clash that took place in Malakal in February 2016 and the fighting in Juba in July 2016, and urges the UN to continuously incorporate lessons learned to conduct reforms across UNMISS to better enable it to implement its mandate, in particular regarding the protection of civilians, and to improve Mission chain of command, increase the effectiveness of UNMISS operations, strengthen safety and security of personnel, and enhance UNMISS’ ability to manage complex situations;

           21.     Reiterates its request that UNMISS continue to take measures, as appropriate, to ensure the security of its air operations in South Sudan and report thereon to the Council;

           22.     Condemns in the strongest terms attacks on and looting of humanitarian aid, including food and medicine, and premises, including hospitals and warehouses, and demands that all parties allow, in accordance with relevant provisions of international law and United Nations guiding principles of emergency humanitarian assistance, including humanity, impartiality, neutrality, and independence, the rapid, safe and unhindered access of relief personnel, equipment and supplies, and timely delivery of humanitarian assistance, to all those in need throughout South Sudan in particular to IDPs and refugees and stresses that any returns or other durable solutions for IDPs or refugees must be undertaken on a voluntary and informed basis in conditions of dignity and safety;

           23.     Further demands that all parties immediately cease all forms of violence, human rights violations and abuses, violations of international humanitarian law, including rape and other forms of sexual and gender-based violence, and hold perpetrators accountable, in order to break the prevailing cycle of impunity;

           24.     Condemns all violations of applicable international law, including international humanitarian law and violations and abuses of international human rights committed by all parties to the conflict, in particular against children, and strongly urges parties to implement conclusions and commitments as described in paragraph 25 of resolution 2252 (2016) to end violations and abuses against children, including the immediate release of all children in their ranks;

           25.     Strongly urges the SPLA, SPLA-IO, and other armed groups to prevent further commission of sexual violence, urges the TGNU and the SPLA/IO to implement the joint and unilateral commitments and action plans they have made on preventing conflict-related sexual violence with focus on prevention, accountability, and enhancing assistance to victims, and strongly urges SPLA leadership to issue specific command orders regarding prevention of conflict-related sexual violence, and demands the TGNU show concrete steps to hold perpetrators within their ranks accountable for crimes of sexual violence;

           26.     Underscores that truth-seeking and reconciliation is essential for achieving peace in South Sudan and in this regard stresses that the Commission of Truth, Reconciliation and Healing, as stipulated in the Agreement, is a critical part of the peacebuilding process in South Sudan, to spearhead efforts to achieve national cohesion, promote peace, national reconciliation and healing;

           27.     Takes note of the steps taken by the African Union towards the setting up of the Hybrid Court for South Sudan as provided for under Chapter V of the Agreement, as well as the work done to date by the UN, welcomes the African Union’s formal invitation for the UN to provide technical assistance towards the setting up of the Hybrid Court for South Sudan, and requests the Secretary-General to continue to make available technical assistance to the Commission of the African Union and to the TGNU in setting up the Hybrid Court for South Sudan and for the implementation of other aspects of Chapter V of the Agreement, including with regard to the establishment of the Commission for Truth, Reconciliation, and Healing;

           28.     Calls upon the Government of South Sudan to move forward expeditiously and transparently to complete the ongoing investigations of allegations of human rights violations and abuses in a manner consistent with its international obligations, and encourages it to release the reports of those investigations;

           29.     Further calls upon the Government of South Sudan, while taking note of paragraph 3.2.2 of Chapter V of the Agreement, to hold to account all those responsible for violations and abuses of human rights and violations of international humanitarian law, and to ensure that all victims of sexual violence have equal protection under the law and equal access to justice, and to safeguard equal respect for the rights of women and girls in these processes, and notes that implementing holistic transitional justice measures, including accountability, truth-seeking and reparations, are key to healing and reconciliation;

           30.     Condemns attacks on oil installations, petroleum companies and their employees, and any fighting around these facilities, and urges all parties to ensure the security of economic infrastructure;

                            Reports

           31.     Requests that the Secretary-General provide detailed information within 30 days on force generation, restructuring of the UNMISS force, logistical support and enablers, and civilian personnel to implement the mandate, as well as whether the TGNU has maintained its consent in principle to deployment of the RPF and not imposed any political or operational impediments to operationalizing the RPF or obstructed UNMISS in the performance of its mandate, and requests the Secretary-General to review needs on the ground, and provide an updated assessment of the RPF’s operations, deployment, and future requirements, as well as any political or operational impediments to operationalizing the RPF and obstructions to UNMISS in performance of its mandate, within 30 days after the adoption of this resolution, and every 30 days thereafter;

           32.     Requests the Secretary-General to report to the Council on implementation of the UNMISS mandate including UNMISS’ RPF as well as to report on progress in implementing the HRDDP per paragraph 17 above, an update on how UNMISS is working toward fulfilling its protection of civilian duties, including but not limited to new patrol areas and proactive deployment per paragraph 15 above, and the consideration of gender as cross cutting through the mandate per paragraph 14 above, and to present the recommendations on the steps to adapt UNMISS to the situation on the ground and to increase efficiency of the implementation of its mandate in a same comprehensive written report to be submitted within 90 days of the date of adoption of this resolution, and every 90 days thereafter;

           33.     Recalls the paragraph 6 of resolution 2304 (2016), requests the Secretary-General to continue consulting with Troop- and Police- contributing countries, to enhance the safety and security of UNMISS’s personnel to enable UNMISS to execute effectively its mandate in a complex security environment, and requests that the Secretary-General report in his regular reports to the Council on steps taken to enhance the safety and security of UN personnel, as well as report on reforms to better enable UNMISS to implement its mandate, including improving chain of command, increasing effectiveness of UNMISS operations, enhancing UNMISS’ ability to manage complex situations, per paragraph 18 above;

           34.     Requests the Secretary-General to provide within 6 months of adoption of this resolution a review of progress made by the parties in ceasing hostilities, returning to the path of dialogue, and achieving inclusiveness within the government, as well as recommend any relevant adjustments to the UNMISS mandate;

           35.     Requests the Secretary-General to report, through his regular 90-day reports, on the technical assistance provided consistent with paragraph 27 above, invites the African Union to share information on progress made in the establishment of the Hybrid Court for South Sudan, with the Secretary-General to inform his report, and expresses the Security Council’s intention upon receipt of the Secretary-General’s reports to assess the work that has been done in the establishment of the Hybrid Court in line with international standards;

           36.     Decides to remain seized of the matter.

 
   
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