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CEDAW AND THE SECURITY COUNCIL: ENHANCING WOMEN'S RIGHTS IN CONFLICT

  • Catherine O'Rourke (a1) and Aisling Swaine (a2)
Abstract

The proliferation of legal and normative standards regulating women's rights in conflict has been accompanied by concerns about their efficacy. The article examines the activities of the CEDAW Committee and the UN Security Council and considers how synergies might be advanced. The article finds that, while the Security Council has unique authority over UN system activities, sanctions and peacekeeping, the CEDAW Committee—as a human rights treaty monitoring body—possesses the more effective system of State accountability and the more robust commitment to women's equality and rights. The article proposes measures for the optimum interaction between both institutions in order to maximize overall accountability for women's rights in conflict.

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References
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1 Gardam, J, ‘Women and the Law of Armed Conflict: Why the Silence?’ (1997) 46 ICLQ 55 .

2 Committee for the Elimination of All Forms of Discrimination against Women (CEDAW), ‘General Recommendation No. 30 on Women in Conflict Prevention, Conflict and Post-Conflict Situations’ (18 October 2013) UN Doc CEDAW/C/GC/30 [hereafter GR30].

3 UNSC Res 2122 (2013) S/RES2122/2013.

4 UNSC Res 1325 (2000) S/RES1325/2000.

5 Use of Nuclear Weapons [1999] (I) ICJ Rep 66, 151.

6 ILC, ‘Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law’ (13 April 2006) UN Doc A/CN.4/L.682 para 14.

7 Isolated examples include Aoláin, F Ní, ‘International Law, Gender Regimes and Fragmentation: 1325 and Beyond’ in Bailliet, CM (ed), Non-State Actors, Soft Law and Protective Regimes: From the Margins (Cambridge University Press 2012); and O'Rourke, C, ‘Feminist Strategy in International Law: Understanding Its Legal, Political and Normative Dimensions’ (forthcoming 2017) 28 EJIL .

8 Charlesworth, H, Chinkin, C and Wright, S, ‘Feminist Approaches to International Law’ (1991) 85 AJIL 613 .

9 See generally International Committee of the Cross, Red, Women Facing War: ICRC Study on the Impact of Armed Conflict on Women (Geneva 2001).

10 See generally Brammertz, S and Jarvis, M (eds), Prosecuting Conflict-Related Sexual Violence at the ICTY (Oxford University Press 2016).

11 Ni Aolain (n 7).

12 H Charlesworth and C Chinkin, ‘An Alien's Review of Women and Armed Conflict’ (2015) Regnet Working Paper No. 73, 1.

13 Charlesworth, H, ‘The Unbearable Lightness of Customary International Law’ (1998) 92 AJIL Proceedings 44 .

14 C O'Rourke and A Swaine, Guidebook on CEDAW General Recommendation No. 30 and the UN Security Council Resolutions on Women, Peace and Security. (UN Women 2015).

15 See, for example, Global Network of Women Peacebuilders, <http://gnwp.peacegeeks.org/tags/cedaw>.

16 United Nations, Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of UNSC Resolution 1325 (2015) 346–66

17 On ‘arria formula’ meetings, see further: United Nations, The Security Council: Working Methods Handbook (2012) 80–9.

18 Young, MA, Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press 2011) 10 .

19 ibid.

20 Boyle, A and Chinkin, C, The Making of International Law (Oxford University Press 2007) 114 .

21 Szasz, PC, ‘The Security Council Starts Legislating’ (2002) 96(4) AJIL 901–5.

22 ibid. Boyle and Chinkin (n 20) 114–15, 229–32.

23 See, for example, Aoláin, F Ní, ‘The ‘War on Terror’ and Extremism: Assessing the Relevance of the Women, Peace and Security Agenda’ (2016) 92 International Affairs 275 .

24 Otto, D, ‘The Exile of Inclusion: Reflections on Gender Issues in International Law over the Last Decade’ (2009) 10 Melbourne Journal of International Law 11 .

25 GR30 (n 2) para 4.

26 See further text at (nn 95 and 151–153).

27 Charter of the UN (24 October 1945) 1 UNTS XVI. Further, arts 55 and 56 pledge member States to take cooperative action to promote universal respect and observance of human rights.

28 ibid art 13(1). This should be read as complementary to its art 10 mandate to discuss any matter dealt with by the Charter and to make recommendations to States.

29 Charter of the UN (n 27) art 63.

30 ibid art 68.

31 ECOSOC resolution establishing the Commission on Human Rights and the Subcommission on the Status of Women, ECOSOC Res 11 (21 June 1946) UN Doc E/RES/2/11.

32 UNGA Res 2263 (XXII) (7 November 1967).

33 UNGA Res 34/180 (18 December 1979).

34 Freeman, M, Chinkin, C and Rudolf, B (eds), The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary (Oxford University Press 2012) 57 .

35 Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13 (CEDAW) art 1.

36 We adopt here the meaning of ‘accountability’ as it conventionally used in respect of the CEDAW Convention. To quote Rebecca Cook:

Legal responsibility denotes liability for breach of the law, but accountability is a wider concept that requires a state to explain an apparent violation and to offer an exculpatory explanation if it can … States are seldom held responsible for ignoring their more international obligations to respect women's human rights, but may more often be called to account for the status of women in their territory.

See further Cook, R, ‘State Accountability under the Convention on the Elimination of All Forms of Discrimination against Women’ in Cook, R (ed), Human Rights of Women: National and International Perspectives (University of Pennsylvania Press 1994) 228–56. See also Freeman et al. (n 34) discussing ‘accountability’ under the Convention.

37 CEDAW (n 35) art 18.

38 ibid art 17.

39 Freeman, Chinkin and Rudolf (n 34) 13.

40 Convention on the Rights of the Child (adopted 20 November 1989, entry into force 2 September 1990) 1577 UNTS 3 (CRC) art 38.

41 Committee for the Elimination of All Forms of Discrimination against Women, ‘General Recommendation No. 28’ (19 October 2010) UN Doc CEDAW/C/GC/28 para 11; CEDAW (n 2) para 2; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Israel’ (22 July 2005) UN Doc CEDAW/C/ISR/3 paras 23–24; see also Committee for the Elimination of All Forms of Discrimination against Women, ‘Statement on the Situation of Women in Gaza’ (18 July 2014) Decision 58/1, UN Doc CEDAW/C/2014/II/CRP.

42 P Patten statement to ‘Arria Formula Meeting on Linkages between Security Council on Resolution 1325 and CEDAW GR 30’ (5 December 2016) United Nations.

43 CEDAW (n 2) paras 10, 34–37, 53–56, 58–60.

44 ibid para 34–37.

45 ibid paras 39–40.

46 ibid paras 42–46, 70–72.

47 ibid paras 48–51.

48 ibid.

49 ibid paras 58–60.

50 ibid paras 62–64.

51 ibid paras 74–80.

52 ibid paras 12, 17, 24, 28, 33, 38, 41, 46, 52, 57, 61, 65, 69, 73, 81, 82–86.

53 At the time of writing, there are 189 State parties to the Convention.

54 Art 2.

55 Art 8.

56 At the time of writing, there are 107 State parties to the instrument.

57 See generally Cook, R, ‘Reservations to the Convention on the Elimination of All Forms of Discrimination of Women’ (1990) 30 VaJIntlL 643 .

58 Charlesworth, H and Chinkin, C, The Boundaries of International Law: A Feminist Analysis (Manchester University Press 2000) 113 .

59 There is an extensive literature addressing the legal status of so-called ‘soft law’, such as general recommendations. For a feminist scholarly treatment of this debate, see for example Chinkin, C, ‘The Challenge of Soft Law: Development and Change in International Law’ (1989) 38 ICLQ 850 ; Charlesworth, H, ‘Law-making and Sources’ in Crawford, J and Koskenniemi, M (eds), The Cambridge Companion to International Law (Cambridge University Press 2012) 187–202 .

60 Simmons, B, Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge University Press 2009) 77 .

61 While these reports are confidential, their outline contents are set out in UNICEF, CEDAW and the Reporting Process to the Committee on the Elimination of Discrimination Against Women: A Guide for UNICEF Field Staff (Division of Policy and Practice, March 2009) Annex 9: Guidelines for UN Country Team reports to the CEDAW Committee, 104.

62 It is addressed in GR30 (n 2) paras 84–85.

63 ibid para 82.

64 Charter of the UN (n 27) Ch V.

65 ibid art 39. See generally ibid Chapter VII, Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression.

66 ibid art 25.

67 ibid.

68 ibid art 24(1).

69 For example, in UNSC Res 1366 (2001) OP 10, the Security Council invited the Secretary-General:

[T]o refer to the Council information and analyses from within the United Nations system on cases of serious violations of international law, including international humanitarian law and human rights law and on potential conflict situations arising, inter alia, from ethnic, religious and territorial disputes, poverty and lack of development and expresses its determination to give serious consideration to such information and analyses regarding situations which it deems to represent a threat to international peace and security.

70 See generally Bailey, SD, The UN Security Council and Human Rights (St Martin's Press 1994); , JG and Ugarte, BS, The UN Security Council in the Age of Human Rights (Cambridge University Press 2014).

71 Tachou-Sipowo, A-G, ‘The Security Council on Women in War: Between Peacebuilding and Humanitarian Protection’ (2010) 92 International Review of the Red Cross 197 , 198.

72 Ugarte, BS and Genser, J, ‘Evolution of the Security Council's Engagement on Human Rights’ in Ugarte, BS and Genser, J (eds), The United Nations Security Council in the Age of Human Rights (Cambridge University Press 2014) 5 .

73 ibid 5–6.

74 See generally Mertus, J, The United Nations and Human Rights: A Guide for a New Era (2nd edn, Routledge 2009).

75 Otto, D, ‘Securing the “Gender Legitimacy” of the UN Security Council: Prising Gender from its Historical Moorings’ in Charlesworth, H and Coicaud, JM (eds), Fault Lines of International Legitimacy (United Nations University Press 2006).

76 ibid.

77 United Nations Development Programme, Human Development Report 1994 (Oxford University Press 1994); Dedring, J, ‘Human Security and the UN Security Council’ in Brauch, HG et al. (eds), Globalisation and Environmental Challenges: Reconceptualising Security in the 21st Century (Springer 2008).

78 Ryerson, C, ‘Critical Voices and Human Security: To Endure, To Engage or to Critique’ (2010) 12 Security Dialogue 169 .

79 C True-Frost has documented that between January 1999 and October 2007, the UNSC adopted 41 thematic-focused resolutions. Prior to this, from the creation of the Council in 1946 to the adoption of human security concepts in 1999, it adopted only 13 thematic resolutions; True-Frost, C, ‘The Security Council and Norm Consumption’ (2007) 40 International Law and Politics 115 , 139–40.

80 United Nations, ‘Peace Inextricably Linked with Equality between Women and Men Says Security Council, in International Women's Day Statement’ Press Release (8 March 2000) SC/6816.

81 United Nations Secretariat, ‘Background Note on the ‘‘Arria-Formula’’ Meetings of the Security Council Members’ Informal Non-Paper (25 October 2002), <http://www.un.org/en/sc/about/methods/bgarriaformula.shtml>.

82 UNSC Res 1325 (2000) S/RES1325/2000.

83 Cohn, C, Kinsella, H and Gibbings, S, ‘Women, Peace and Security’ (2004) 6 International Feminist Journal of Politics 130 .

84 ibid.

85 UNSC Res 1889 (2009) S/RES1889/2009; UNSC Res 2122 (2013) S/RES2122/2013; UNSC Res 2242 (2015) S/RES2242/2015.

86 UNSC Res 1820 (2008) S/RES1820/2008; UNSC Res 1888 (2009) S/RES1888/2009; UNSC Res 1960 (2010) S/RES1960/2010; UNSC Res 2106 (2013) S/RES2106/2009.

87 United Nations, ‘Women in Peacekeeping’ (6 July 2017) <http://www.un.org/en/peacekeeping/issues/women/womeninpk.shtml>.

88 P Castillo Díaz and S Tordjman, ‘Women's Participation in Peace Negotiations: Connections between Presence and Influence’ in UN Women Sourcebook on Women, Peace and Security (UN Women 2012).

89 Hudson, N, ‘Securitizing Women's Rights and Gender Equality’ (2009) 8 Journal of Human Rights 53 .

90 R Coomaraswamy, ‘Preventing Conflict, Transforming Justice, Securing the Peace: A Global Study on the Implementation of UNSC Resolution 1325’ (UN Women 2015) 222.

91 UNSC Res 2422 (2015) S/RES/2422, paras 11–13.

92 Organisation for Security and Cooperation in Europe, ‘Women and Terrorist Radicalization: Final Report’ (OSCE 2013) 5.

93 Coomaraswamy (n 90) 222.

94 N Chowdhury Fink, R Barakat and L Shetret, ‘The Roles of Women in Terrorism, Conflict, and Violent Extremism: Lessons for the United Nations and International Actors’ (Center on Global Counterterrorism Cooperation 2013) 6.

95 Security Council Report, ‘Women, Peace and Security: Sexual Violence in Conflict and Sanctions’ (10 April 2013) 41.

96 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Serbia’ (11 June 2007) UN Doc CEDAW/C/SCG/CO/1; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Rwanda’ (12 February 2009) UN Doc CEDAW/C/RWA/CO/6.

97 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Israel’ (3 August 2005) UN Doc CEDAW/C/ISR/CO/3, para 22; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation to Cyprus’ (13 June 2006) UN Doc CEDAW/C/CYP/CO/5, para 270.

98 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Sierra Leone’ (11 June 2007) UN Doc CEDAW/C/SLE/CO/5, para 30; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Colombia’ (20 February 2007) UN Doc CEDAW/C/COL/CO/6, para 30; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Liberia’ (14 August 2009) UN Doc CEDAW/C/LBR/CO/6.

99 For example, its Statement on Women in Gaza, Committee for the Elimination of All Forms of Discrimination against Women, ‘Statement on the situation in Gaza’, (6 February 2009) UN Doc A/64/38 (supp) Annex II, and Statement on Inclusion of Afghan Women in Peace Building, Committee for the Elimination of All Forms of Discrimination against Women, ‘Statement on the Inclusion of Afghan Women in the Process of Peace Building’, Security and Reconstruction in Afghanistan, 45th Session (January 2010) UN Doc/E/CN6/2010/CRP 2 Annex V 199.

100 See further Freeman et al. (n 34) 500.

101 The Committee has requested and received five reports on an exceptional basis: from the then Federal Republic of Yugoslavia, Croatia, Bosnia, Rwanda and the Democratic Republic of the Congo (Committee for the Elimination of all Forms of Discrimination against Women, ‘Concluding Observations to Croatia’ (1995) UN Doc A/50/38, paras 585–586; Committee for the Elimination of all Forms of Discrimination against Women, ‘Concluding Observations to Bosnia and Herzegovina’ (1994) UN Doc A/49/38, para 736; and repeated this scrutiny on Bosnia in the 2006, paras 37–38 examination) Bosnia and Herzegovina 1 February 1994 (oral report; see CEDAW/C/SR.253) Thirteenth (1994); Democratic Republic of the Congo 16 January 1997 (oral report; see CEDAW/C/SR.317) Sixteenth (1997); Croatia, 6 December 1994 (CEDAW/C/CRO/SP.1) Fourteenth (1995); Rwanda 31 January 1996 (oral report; see CEDAW/C/SR.306) Fifteenth (1996); Federal Republic of Yugoslavia (Serbia and Montenegro) 2 December 1993 (CEDAW/C/YUG/SP 12 February 1994 (oral report; see CEDAW/C/SR.254) Thirteenth (1994). In 2009, India was asked to report on an exceptional basis on the impact on women of violence in Gujarat (2009) although ultimately incorporated the requested content in its scheduled periodic report of 2010, Committee for the Elimination of all Forms of Discrimination Against Women, ‘Concluding Observations’ to India (2 Nov 2010) UN Doc CEDAW/C/IND/CO/SP, paras 2–4.

102 For example, A Byrnes and MA Freeman, ‘The Impact of the CEDAW Convention: Paths to Equality, A Study for the World Bank’ (World Bank 2011).

103 ibid 12.

104 See further text at (nn 114–118).

105 Freeman et al. (n 34) 443.

106 GR30 (n 2) para 11.

107 Edwards, A, Violence against Women under International Human Rights Law (Cambridge University Press 2011) 168–72.

108 Merry, SE, Human Rights and Gender Violence: Translating International Law into Local Justice (University of Chicago Press 2006) 16 .

109 See, for example, the Report of the Secretary-General, ‘In-depth Study on All Forms of Violence against Women’ (2006) UN Doc A/61/122/Add.1, 13 para 31, noting that:

The work of the Committee on the Elimination of Discrimination against Women, the treaty body established in 1982 to monitor implementation of the Convention on the Elimination of All Forms of Discrimination against Women, contributed significantly to the recognition of violence against women as a human rights issue.

110 Y.W. v Denmark, Comm No 51/2013, UN Doc CEDAW/C/60/D/51/2013 (2015); S.O. v Canada, Comm No 49/2013, UN Doc CEDAW/C/59/D/49/2013 (2014).

111 See further A Byrnes and E Bath, ‘Violence Against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women—Recent Developments’ (2008) 8 HRLRev 517.

112 ibid.

113 Englehart, NA and Miller, MK, ‘The CEDAW Effect: International Law's Impact on Women's Rights’ (2014) 13 Journal of Human Rights 22 .

114 Byrnes and Freeman (n 102) 51; McPhedran, M, Bazilli, S, Erickson, M and Byrnes, A, The First CEDAW Impact Study: Final Report (Centre for Feminist Research, York University, Toronto and International Women's Rights Project 2000); Simmons (n 60).

115 Simmons (n 60) 253–4.

116 McPhedran et al. (n 114) 18.

117 Committee on the Elimination of All Forms of Discrimination Against Women, ‘Summary Record (Partial) of the 1143rd Meeting, Consideration of Reports Submitted by States Parties under Article 18 of the Convention (Continued) Seventh Periodic Report of the United Kingdom of Great Britain and Northern Ireland (Continued)’ (2013) UN Doc CEDAW/C/SR.1143, paras 14 and 26; Committee on the Elimination of All Forms of Discrimination Against Women, ‘Summary Record (Partial) of the 844th Meeting, Consideration of Reports Submitted by States Parties under Article 18 of the Convention (Continued) Fifth and Sixth Periodic Reports of the United Kingdom of Great Britain and Northern Ireland (Continued)’ (2008) UN Doc CEDAW/C/SR.844, paras 4 and 15.

118 For a full account of these dynamics, see O'Rourke (n 7).

119 For an overview, see Swaine, A, ‘Substantive New Normative Provisions on Women and Armed Conflict Concurrently Adopted by the UNSC and the CEDAW Committee’ (2014) 18 ASIL Insights 5 .

120 See, for example, UNSC, ‘Report of the Secretary-General on Conflict-Related Sexual Violence’ (22 June 2016) UN Doc S/2016/361/Rev.1.

121 This is notably led by the ‘NGO Working Group on Women, Peace and Security’ that was formed in 2000 to lobby for the adoption of resolution 1325 and continues to advocate for implementation of the agenda, <http://www.womenpeacesecurity.org>.

122 Otto (n 75) on how ‘productive’ the entry to the Security Council has been.

123 Szasz (n 21).

124 Ní Aoláin (n 23).

125 UNSC Res 1325 (2000) S/RES1325/2000, paras 16–17.

126 UNSC Res 1612 (2005) S/RES1612/2005.

127 See UNSC Subsidiary Organs Working Group on Children and Armed Conflict, <https://www.un.org/sc/suborg/en/subsidiary/wgcaac>.

128 For a full discussion, see Swaine, A, ‘Assessing the Potential of National Action Plans to Advance Implementation of UNSC Resolution 1325’ (2009) 12 YrbkIntlHumL 403–33.

129 UNSC, Statement of the President of the UNSC S/PRST/2002/32 (New York 2002); UNSC, Statement of the President of the UNSC S/PRST/2004/40 (New York 2004); United Nations, Report of the Secretary-General on Women, Peace and Security S/2002/1154 (New York 16 October 2002).

130 UNSC Res 2242 (2015) S/RES2242/2015, para 2.

131 See generally O'Rourke (n 7).

132 For example, Russia has stated: ‘Our position continues to be that national plans of action on the implementation of resolution 1325 (2000) cannot be used as an instrument to assess national policies aimed at enhancing the status of women. Such plans should be drawn up on a voluntary basis by those States that are in the grip of armed conflict or at the post-conflict reconstruction phase.’ UN Security Council Meeting Record S/PV.7044 (18 October 2013).

133 To see a list of these action plans, see <http://www.peacewomen.org/member-states>.

134 See further Swaine (n 128).

135 ibid.

136 See the work of the Global Network of Women Peacebuilders, which runs a project titled ‘Civil Society in Country and Global Monitoring of Security Council Resolution 1325’ and publishes monitoring reports on multiple contexts globally, <http://gnwp.peacegeeks.org/content/civil-society-country-and-global-monitoring-unscr-1325>.

137 Security Council Report, ‘Women, Peace and Security, Cross-Cutting Report No. 1’ (27 January 2012) 41.

138 ibid 11.

139 UNSC Res 1889 (2009) S/RES1889/2009, para 7.

140 UNSC Res 2122 (2013) S/RES2122/2013, para 2.

141 UNSC Res 2422 (2015) S/RES2422/2015, para 11.

142 Coomaraswamy (n 90).

143 UNSC Res 1888 (2009) S/RES1888/2009, para 24.

144 UNSC Res 1960 (2010) S/RES1960/2010, paras 6, 8.

145 UNSC Res 2106 (2013) S/RES2106/2013, paras 2, 15.

146 UN Charter (n 27) arts 10, 11 and 12.

147 Beyerlin, U, ‘The United Nations Sanctions Regime’ in Wolfrum, R and Philipp, C (eds), United Nations: Law, Policies and Practice, Vol 2 (Martinus Nijhoff Publishers 1995) 1113 .

148 UNGA and UNSC, ‘Compendium of the High-Level Review of the United Nations Sanctions’ UN Doc A/69/941-S/2015/432 (New York 2015) 46.

149 For full discussion, see Security Council Report (n 137).

150 UNSC Res 1960 (2010) S/RES1960/2010, paras 3, 7, 8; UN Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, ‘Provisional Guidance Note: Implementation of Security Council Resolution 1920 (2010) on Women, Peace and Security (Conflict-Related Sexual Violence)’ (Stop Rape Now Campaign 2011) <http://www.refworld.org/docid/4e23ed5d2.html>.

151 ibid 71.

152 See, for example, UNSC Res 2262 (2016) on the situation in the Central African Republic S/RES/2262.

153 See, for example, ‘Statement by Russia’ (17 April 2013) UN Security Council Meeting Record S/PV.6948. For broader analysis, see Security Council Report (n 95).

154 Coomaraswamy (n 90).

155 ‘Approved resources for peacekeeping operations for the period from 1 July 2015 to 30 June 2016, Note by the Secretary-General’ (26 June 2015) UN Doc A/C.5/69/24.

156 UNSC Res 2272 (2016) S/RES/2272.

157 UNSC Res 2198 (2015) S/RES/2198.

158 Rome Statute, art 37(b).

159 The Council has referred the situation in Darfur, Sudan in 2005 and Libya in 2011 to the International Criminal Court, UNSC Res 1970 (2011) S/RES1970/2011; UNSC Res 1593 (2005) S/RES1593/2011.

160 UNSC Res 1593 (2005) S/RES/1593, para 1.

161 Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General Pursuant to Security Council Resolution 1564 of 18 September 2004 (25 January 2005).

162 See for example: Warrant of Arrest for Ahmed Harun, ICC-02/05-01/07 (27 April 2007); Warrant of Arrest for Ali Kushayb, ICC-02/05-01/07 (27 April 2007); Warrant of Arrest for Omar Hasasn Ahmad Al Bashir, ICC-02/05-01/09-1 (4 March 2009); Warrant of Arrest for Abdel Raheem Muhammad Hussein, ICC-02/05-01/12 (1 March 2012).

163 The prosecutor opened an investigation into the Kenya 2007/2008 post-election violence in 2010. Calls for deferral of the case against the President and Deputy President were made by several African States following a terrorist attack in Nairobi in 2013 and in the run-up to elections in Kenya at that time. A resolution proposed by Rwanda, Morocco and Togo to defer the case was defeated in the Security Council, but served to escalate tensions over accusations that the ICC's focus on Africa represented colonial overreach on the continent, impacting appetite for further referrals for an interim period. Security Council Report, ‘In Hindsight: The Council and the ICC’ (30 May 2014) <http://www.securitycouncilreport.org/monthly-forecast/2014-06/in_hindsight_the_council_and_the_icc.php>.

164 O'Rourke and Swaine (n 14) 19.

165 GR30 (n 2) paras 39–41, 58–65.

166 See generally Edwards (n 107); Freeman et al. (n 34) 444–74;

167 GR30 (n 3) paras 34–38.

168 ibid.

169 UNSC Res 1820 (2008); 1888 (2009); 1960 (2010); 2106 (2013).

170 UNSC Res 1325 (2000) para 1; UNSC Res 1820 (2008) para 12; UNSC Res 2122 para 2(c).

171 GR30 (n 2) paras 29–38. GR30 also addresses gender-specific aspects of conflict-prevention, such as establishing early warning systems that include gender-related preventative actions and indicators.

172 GR30 (n 2).

173 GR30 (n 2) paras 8 and 9.

174 For example, see Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to the United Kingdom of Great Britain and Northern Ireland’ (30 July 2013) UN Doc CEDAW/C/GBR/C07; and also Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to the United Kingdom of Great Britain and Northern Ireland’ (13 October 2009) UN Doc CEDAW/C/UK/CO/6.

175 Swaine (n 128) 428, 432–3.

176 In 2006, the Committee commended Denmark for being one of the first States to adopt a NAP and in 2007 welcomed Norway's launch of a NAP. See Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Denmark’ (24 August 2006) UN Doc CEDAW/C/DEN/CO6, para 6; and also Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Norway’ (15 August 2007) UN Doc CEDAW/C/NOR/CO7, para 8.

177 In 2008, the Committee called on Myanmar to introduce a NAP, likewise Chad in 2011 and Afghanistan in 2013; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Myanmar’ (7 November 2008) UN Doc CEDAW/C/MMR/CO/3, para 25; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Chad’ (3 November 2011) UN Doc CEDAW/C/TCD/CO/1-4, para 29; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Afghanistan’ (30 July 2013) UN Doc CEDAW/C/AFG/CO/1-2, paras 8 and 9.

178 In Côte d'Ivoire, the Committee noted with concern that the NAP did not reference CEDAW, Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation to Côte d'Ivoire’ (8 November 2011) UN Doc CEDAW/C/CIV/CO/1-3, paras 14 and 15. In 2009 and 2013, the Committee raised concern with the UK that the NAP did not address Northern Ireland, Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation to the United Kingdom of Great Britain and Northern Ireland (13 October 2009) UN Doc CEDAW/C/UK/CO/6; Committee for the Elimination of All Forms of Discrimination Against Women, ‘Concluding Observations to the United Kingdom of Great Britain and Northern Ireland (30 July 2013) UN Doc CEDAW/C/GBR/CO/7, paras 42 and 43.

179 Calling for improved implementation in Nepal, especially with regard to cases of sexual violence, Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation to Nepal’ (11 August 2011) UN Doc CEDAW/C/NPL/CO/4-5, para 35.

180 It urged Cyprus to ensure women's full participation in the peace process there, in line with 1325, Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Cyprus’ (13 June 2006) UN Doc CEDAW/C/CYP/3-5, para 34. The Committee urged the Democratic Republic of the Congo to give specific attention to the post-conflict needs of women, in line with 1325, Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation to the Democratic Republic of Congo’ (24 August 2006) UN Doc CEDAW/COD/CO/5, para 10.

181 GR30 (n 3); for discussion, see O'Rourke (n 118).

182 GR30 (n 3) para 25 (emphasis added).

183 GR30 (n 3) para 26.

184 GR30 (n 3) para 83.

185 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to Georgia’ (24 July 2014) UN Doc CEDAW/C/GEO/CO/4-5, paras 24, 25 and 42.

186 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations to the Central African Republic’ (24 July 2014) UN Doc CEDAW/C/CAF/CO/1-5, paras 20(a) and 53.

187 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation on Iraq’ (10 March 2014) UN Doc CEDAW/C/IRQ/CO/4-6, paras 12 and 60.

188 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations on Syria’ (18 July 2014) UN Doc CEDAW/C/SYR/CO/2, paras 14(a) and 53.

189 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations on Georgia’ (24 July 2014) UN Doc CEDAW/C/GEO/CO/4-5, paras 24 and 25. The Committee called on State party to involve women in the implementation of its action plan; Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observations on Syria’ (18 July 2014) UN Doc CEDAW/C/SYR/CO/2, para 14(a).

190 Committee for the Elimination of All Forms of Discrimination against Women, ‘Concluding Observation to the Democratic Republic of Congo’ (30 July 2013) UN Doc CEDAW/COD/CO/6-7, para 36(c).

191 CEDAW (n 188) paras 41–42.

192 ibid para 12.

193 CEDAW (n 180).

194 Coomaraswamy (n 1) 357. The Committee issued strong and comprehensive concluding observations. These concluding observations could serve as a model for the engagement of civil society with human rights mechanisms on the WPS agenda.

195 Three resolutions on Afghanistan, Resolution 2120 (2013); Resolution 2145 (2014); Resolution 2210 (2015), and one resolution on youth, peace and security, Resolution 2250 (2015).

196 Wood, MC, ‘The Interpretation of UN Security Council Resolutions’ (1998) 2 MaxPlanckYrbkUNL 73 , 86.

197 Cohn, Kinsella and Gibbings (n 83).

198 Coomaraswamy (n 90) 350.

199 GR30 (n 2).

200 Coomaraswamy (n 90).

201 Statement by UN Women Deputy Executive Director for Policy and Programme, Yannick Glemarec, Arria Formula Meeting on Linkages between Security Council Resolution 1325 and CEDAW GR 30 (5 December 2016).

202 GR30 (n 2).

203 UNGA and UNSC (n 148) 68, Recommendation 132.

204 ibid.

205 See further Charlesworth, Chinkin and Wright (n 8).

206 S Daws and L Sievers, Arria-Formula Meetings, 1992–2016 (Security Council Report 2016).

207 Statement by Egypt, Arria Formula Meeting on Linkages between Security Council Resolution 1325 and CEDAW GR 30 (5 December 2016).

208 Statement by Pramilla Patten, Arria Formula Meeting on Linkages between Security Council Resolution 1325 and CEDAW GR 30 (5 December 2016).

209 Report of the Secretary-General on Women, Peace and Security (2016) UN Doc S/2016/822, para 73.

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
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