Part VI Consideration of the provisions of Chapter VI of the Charter

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Part VI

Consideration of the provisions of

Chapter VI of the Charter

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308

Contents

Page

Introductory note

...............................................................

309

I. Referral of disputes or situations to the Security Council

..............................

311

Note

.........................................................................

311

A.

Referrals by States

.........................................................

311

B.

Referrals by the Secretary-General

............................................

313

C.

Referrals by the General Assembly

............................................

314

II. Investigation of disputes and fact-finding

...........................................

314

Note

.........................................................................

314

A.

Security Council missions

...................................................

315

B.

Investigative and fact-finding functions of the Secretary-General

...................

317

C.

Other instances of investigative functions acknowledged by the Security Council

......

325

III. Decisions of the Security Council concerning the pacific settlement of disputes

...........

329

Note

.........................................................................

330

A.

Decisions of the Security Council concerning thematic issues

......................

330

B.

Recommendations of the Security Council concerning country-specific and regional

situations

.................................................................

332

C.

Decisions involving the Secretary-General in the Council’s efforts at the pacific

settlement of disputes

.......................................................

337

D.

Decisions involving regional arrangements or agencies

...........................

340

IV. Discussion on the interpretation or application of the provisions of Chapter VI of the Charter

340

Note

.........................................................................

340

A.

Reference to peaceful means of settlement in the light of Article 33 of the Charter

.....

341

B.

Relevance of the provisions of Chapter VI in comparison to the provisions of

Chapter VII

...............................................................

344

C.

Utilization of Article 35 by a Member State

.....................................

345

D.

Utilization of Article 99 by the Secretary-General

................................

346

309

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Introductory note

Part VI of the present Supplement covers the practice of the Security Council

with regard to the peaceful settlement of disputes within the framework of

Chapter VI (Articles 33 to 38) and Articles 11 and 99 of the Charter of the United

Nations. It is divided into four main sections.

Section I illustrates how States brought disputes or situations to the attention

of the Security Council during the period under review, pursuant to Article 35 of the

Charter. It also surveys the practice of the General Assembly and the Secretary-

General, under Articles 11 (3) and 99 of the Charter, respectively, in drawi ng the

attention of the Council to situations which are likely to threaten the maintenance of

international peace and security. Section II describes investigative and fact-finding

activities performed by the Council and other bodies that may be deemed to f all

under the scope of Article 34, including Security Council missions. Section III

provides an overview of the decisions of the Council taken with regard to the pacific

settlement of disputes. It specifically illustrates recommendations of the Council to

parties to a conflict and its support for the efforts of the Secretary-General in the

peaceful settlement of disputes. Section IV reflects constitutional discussions on the

interpretation or application of the provisions of Chapter VI and Article 99 of the

Charter.

The practice of the Council with respect to the pacific settlement of disputes is

not discussed in an exhaustive manner in part VI, which focuses instead on selected

materials that highlight the interpretation and application of the provisions of

Chapter VI of the Charter in the decisions and deliberations of the Council during

the period under review. Actions with regard to the pacific settlement of disputes in

the context of the United Nations field missions authorized under Chapter VII of the

Charter are covered in the relevant sections of parts VII and X. Joint or parallel

efforts undertaken by the Council and regional arrangements or agencies in the

pacific settlement of disputes during the period under review are covered in

part VIII.

During the years 2016 and 2017 (see section I) only one new situation or

dispute was brought to the attention of the Council, in connection with the peace

process in Colombia; most communications contained information relating to

matters already under its consideration.

The Council dispatched 10 missions to Africa and the Americas (see

section II), visiting destinations in Angola, Burkina Faso, Burundi, Cameroon,

Chad, Colombia, the Democratic Republic of the Congo, Egypt, Ethiopia, Guinea -

Bissau, Haiti, Kenya, Mali, Mauritania, the Niger, Nigeria, Senegal, Somalia and

South Sudan. The Council also requested and supported investigations by the

Secretary-General concerning possible violations of international humanitarian law

and human rights law in the Central African Republic and Mali, the use of chemical

weapons against civilians in the Syrian Arab Republic and war crimes, crimes

against humanity or genocide committed in Iraq by Islamic State in Iraq and the

Levant (ISIL, also known as Da’esh).

In its decisions during the biennium 2016–2017, the Council highlighted the

importance of sustaining peace, preventing conflict and addressing its root causes

and of utilizing the tools at its disposal to do so, including peacekeeping,

peacebuilding and the good offices and mediation role of the Secretary-General (see

section III). In respect of primarily intra-State conflicts, the Council called upon the

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parties to cease hostilities, implement inclusive national reconciliation processes,

fully implement existing peace agreements and engage in dialogue in order to

resolve political and institutional crises. In that context, the Council requested the

Secretary-General to provide good offices and mediation support through his special

representatives and envoys and in coordination with regional and subregional

organizations.

During the period under review, the discussions in the Council reflected the

importance attributed by Council members to the peaceful settlement of disputes

(see section IV). Council members and other speakers also highlighted the Council’s

investigatory tools under the Charter, the need for closer cooperation with regional

and subregional organizations in the peaceful settlement of disputes, and the crucial

role of the Secretary-General in drawing the attention of the Council to deteriorating

situations or disputes and providing good offices support for the prevention and

resolution of conflicts. Council members also discussed the distinction between

Chapter VI and Chapter VII of the Charter in the context of peacekeeping operations

and the power of Member States to bring a dispute or situation to the attention of the

Council.

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I. Referral of disputes or situations to the Security Council

Article 11

3. The General Assembly may call the

attention of the Security Council to situations which

are likely to endanger international peace and security.

Article 35

1. Any Member of the United Nations may

bring any dispute, or any situation of the nature

referred to in Article 34, to the attention of the Security

Council or of the General Assembly.

2. A state which is not a Member of the United

Nations may bring to the attention of the Security

Council or of the General Assembly any dispute to

which it is a party if it accepts in advance, for the

purposes of the dispute, the obligations of pacific

settlement provided in the present Charter.

3. The proceedings of the General Assembly in

respect of matters brought to its attention under this

Article will be subject to the provisions of Articles 11

and 12.

Article 99

The Secretary-General may bring to the attention

of the Security Council any matter which in his opinion

may threaten the maintenance of international peace

and security.

Note

Within the framework of the Charter of the

United Nations, Articles 35 (1) and (2) are generally

regarded as the basis on which Member States and

States that are not members of the United Nations may

refer disputes to the Security Council. Under Articles

11 (3) and 99, the General Assembly and the Secretary-

General, respectively, may also bring to the attention of

the Council situations that are likely to threaten the

maintenance of international peace and security. The

practice of the Council in this regard is described

below in three subsections.

Subsection A provides an overview of the

referrals of disputes or situations by States to the

Security Council pursuant to Article 35. Subsections B

and C deal with referrals to the Council by the

Secretary-General and the General Assembly,

respectively, of matters likely to endanger international

peace and security.

During the period under consideration, with the

exception of the peace process in Colombia, Member

States did not refer any new situation to the Council.

No State which was not a member of the United

Nations brought any dispute or situation to the

attention of the Council under Article 35 during the

period. Neither the General Assembly nor the

Secretary-General explicitly referred to the Council

matters likely to endanger international peace and

security.

A. Referrals by States

During the period under review, certain situations

were referred to the Security Council pursuant to

Article 35 (1) by individual Member States and groups

of affected or concerned Member States. Article 35 was

expressly mentioned in five communications addressed

to the President of the Council, namely, three from the

Democratic People’s Republic of Korea

1

and two from

Eritrea.

2

No State which was not a member of the

United Nations submitted any dispute or situation to

the attention of the Council under Article 35 (2) during

the biennium.

Communications in response to which the

Council convened meetings, either in public or private,

are shown in table 1. As in previous Supplements and

owing to the large volume of communications received

by the Council, communications from States that

merely conveyed information about a dispute or

situation and did not contain a request for a Council

meeting or other specific Council action have not been

included.

In 2016 and 2017, in their communications,

Member States brought various matters to the attention

of the Council. Only one communication referred to a

matter of which the Council was not previously seized.

In identical letters dated 19 January 2016 from the

Permanent Representative of Colombia addressed to

the Secretary-General and the President of the Security

Council, the President of Colombia reported on the

progress made in the peace negotiations between the

Government of Colombia and the Revolutionary

__________________

1

S/2016/251, S/2016/734 and S/2017/882.

2

S/2016/568 and S/2016/569.

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Armed Forces of Colombia – People’s Army (FARC-

EP), on the basis of the General Agreement for the

Termination of the Conflict and the Construction of a

Stable and Lasting Peace, signed on 26 August 2012 in

Havana.

3

In the letter, the President of Colombia noted

that an agreement had been achieved on fundamental

issues concerning the end of the conflict; other issues,

including the ceasefire and definitive cessation of

hostilities, remained pending.

4

Matters brought to the attention of the Council in

communications submitted by Member States during

the period under review often fell beyond the scope of

Chapter VI of the Charter relating to the pacific

settlement of disputes. For instance, in a letter dated

2 February 2016, the representative of the Syrian Arab

Republic strongly condemned “the repeated crimes and

aggression of Turkey against the Syrian people and the

territorial integrity of the Syrian Arab Republic”.

5

In

another instance, in a letter dated 28 October 2016,

Israel cited the continuing “aggression” against Israel

and “gross violations” of resolution 1701 (2006) by

Hizbullah through continuing illicit military activities

south of the Litani River.

6

In a letter dated 20 October

2017, the Democratic People’s Republic of Korea

described the joint military exercise on the Korean

peninsula by the United States and the Republic of

Korea as a “clear threat to international peace and

security”.

7

The Council, however, did not determine

the existence of any new threat to the peace, breach of

the peace or act of aggression in connection with those

communications.

8

In most cases, the type of action requested by

Member States was for the Council to convene a

__________________

3

S/2016/53, annex.

4

Ibid., second paragraph. For more information, see part I,

sect. 17.

5

S/2016/101.

6

S/2016/917.

7

S/2017/882.

8

For more information concerning the determination of a

threat to the peace, breach of the peace or act of

aggression in accordance with Article 39 of the Charter,

see part VII, sect. I.

meeting to consider the dispute or situation in

question.

9

However, in some instances, Member States

requested more concrete or bolder action from the

Council. In identical letters dated 19 January 2016

from the Permanent Representative of Colombia

addressed to the Secretary-General and the President of

the Security Council, the President of Colombia

requested the participation of the United Nations,

through a political mission made up of observers from

member countries of the Community of Latin

American and Caribbean States, as the international

component of the tripartite monitoring and verification

mechanism established under the peace agreement.

10

In

a letter dated 15 June 2017, the Minister for Foreign

Affairs and International Cooperation of Djibouti

described the withdrawal of Qatar from the mediation

process in the territorial dispute between Djibouti and

Eritrea as a significant threat to peace and security in

the region and, recalling the Council’s previous

resolutions on the matter, requested it “to instruct

Eritrea to honour its commitments”.

11

In another

instance, in a letter dated 22 July 2016, referring to the

alleged use of chemical weapons in Idlib, Syrian Arab

Republic, the representative of Turkey stated that his

Government looked forward to the Organisation for the

Prohibition of Chemical Weapons-United Nations Joint

Investigative Mechanism’s swift finalization of its

investigation and expected the Council to impose

measures under Chapter VII of the Charter of the

United Nations against the Syrian Arab Republic in the

face of its non-compliance with Security Council

resolution 2118 (2013) and its violations of

international law and its commitments thereunder.

12

Table 1 includes communications bringing disputes or

situations to the attention of the Council that led to the

holding of a meeting by the Council, whether they

made explicit reference to Article 35 of the Charter or

to rule 2 of the Provisional rules of procedure.

__________________

9

For more information on requests by Member States to

convene a meeting of the Council, see part II, sect. I.

10

S/2016/53, annex.

11

S/2017/506, annex.

12

S/2016/654.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

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Table 1

Communications bringing a dispute or situation to the attention of the Security Council,

2016–2017

a

Communications

Action requested of the Security Council

Meeting record and date

Identical letters dated 19 January 2016 from the Permanent Representative of Colombia to the United Nations

addressed to the Secretary-General and the President of the Security Council (S/2016/53)

Identical letters dated 19 January 2016 from

the Permanent Representative of Colombia to

the United Nations addressed to the

Secretary-General and the President of the

Security Council (S/2016/53)

To establish a special political mission as the

international component of the tripartite mechanism

for monitoring and verification of the Agreement on

the ceasefire and definitive and bilateral cessation of

hostilities and the abandonment of arms signed

between the Government of Colombia and the

Revolutionary Armed Forces of Colombia – People’s

Army

S/PV.7609

25 January 2016

The situation in the Democratic People’s Republic of Korea

Letter dated 1 December 2016 from the

Permanent Representatives of France, Japan,

Malaysia, New Zealand, Spain, Ukraine, the

United Kingdom of Great Britain and

Northern Ireland, the United States of

America and Uruguay to the United Nations

addressed to the President of the Security

Council (S/2016/1034)

To hold a meeting on the situation in the Democratic

People’s Republic of Korea pursuant to rule 2 of the

provisional rules of procedure

S/PV.7830

9 December 2016

Non-proliferation/Democratic People’s Republic of Korea

Letter dated 1 December 2017 from the

Permanent Representative of Japan to the

United Nations addressed to the Secretary-

General (S/2017/1038)

To exert maximum pressure on the Democratic

People’s Republic of Korea to change its course of

action towards the denuclearization of the Korean

peninsula and the abandonment of all other existing

weapons of mass destruction and ballistic missile

programmes, in a complete, verifiable and

irreversible manner

S/PV.8137

15 December 2017

The situation in the Democratic People’s Republic of Korea

Letter dated 1 December 2017 from the

Permanent Representatives of France, Italy,

Japan, Senegal, Sweden, Ukraine, the United

Kingdom of Great Britain and Northern

Ireland, the United States of America and

Uruguay to the United Nations addressed to

the President of the Security Council

(S/2017/1006)

To hold a meeting on the situation in the Democratic

People’s Republic of Korea pursuant to rule 2 of the

Provisional rules of procedure

S/PV.8130

11 December 2017

a

Only communications that resulted in a formal meeting of the Security Council are included in the table.

B. Referrals by the Secretary-General

Article 99 of the Charter provides that the

Secretary-General may bring to the attention of the

Security Council any matter which in his opinion may

threaten the maintenance of international peace and

security. During the period under review, the Secretary-

General did not invoke Article 99, directly or by

implication. Nevertheless, he continued drawing the

attention of the Council to situations already on the

Council’s agenda that were deteriorating and requested

it to take appropriate action. Like Article 35, Article 99

does not specify the means by which the Secretary-

General may bring to the attention of the Council any

matter that may threaten the maintenance of

international peace and security. In 2016 and 2017,

Repertoire of the Practice of the Security Council, 2016–2017

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Member States made reference to horizon-scanning

and situational awareness meetings in their

communications to the Council in connection with the

Council’s working methods.

13

Discussions of relevance

for Article 99 of the Charter are featured in cases 9

and 10.

In a presidential statement issued at its 8020th

meeting, held on 9 August 2017 under the item entitled

“Maintenance of international peace and security”, the

Council welcomed the letters dated 21 February and

27 June 2017 from the Secretary-General regarding the

risk of famine in northeast Nigeria, Somalia, South

Sudan and Yemen. In the statement, the Council

requested the Secretary-General to provide early

warning when a conflict having devastating

consequences and hindering an effective humanitarian

response risked leading to an outbreak of famine.

14

In a letter dated 2 September 2017, the Secretary-

General shared his deep concern about the security,

humanitarian and human rights situation in Rakhine

State in Myanmar, in keeping with his “responsibility

to engage in preventing the outbreak or escalation of

conflict”. In the same letter he noted that the situation

risked degenerating into a “humanitarian catastrophe

__________________

13

See S/2016/506, p. 11; S/2017/105, p. 4; and S/2017/468,

p. 20.

14

S/PRST/2017/14, penultimate paragraph.

with implications for peace and security that could

continue to expand beyond the borders of Myanmar”.

The Secretary-General further underlined that it was

important for the international community to send a

strong message of support and cooperation towards a

broader political strategy to help to end the vicious

cycle of violence, and urged Council members to press

for restraint and calm.

15

At its 8060th meeting, on

28 September 2017, the Council discussed the item

entitled “The situation in Myanmar” at a public

meeting for the first time since 13 July 2009.

16

C. Referrals by the General Assembly

Under Article 11 (3) of the Charter, the General

Assembly may call the attention of the Security

Council to situations which are likely to endanger

international peace and security. During the period

under review, the General Assembly did not refer any

such situations to the Council under that Article.

17

__________________

15

See S/2017/753, first, third, fifth and sixth paragraphs.

16

See S/PV.8060. For more information, see part I,

sect. 20, “The situation in Myanmar”.

17

For more information on the relations between the

Security Council and the General Assembly, see part IV,

sect. I.

II. Investigation of disputes and fact-finding

Article 34

The Security Council may investigate any dispute,

or any situation which might lead to international

friction or give rise to a dispute, in order to determine

whether the continuance of the dispute or situation is

likely to endanger the maintenance of international

peace and security.

Note

Article 34 of the Charter of the United Nations

provides that the Security Council may investigate any

dispute or any situation which might lead to

international friction or give rise to a dispute. On that

basis, the Council may determine whether the

continuation of the dispute or situation is likely to

endanger the maintenance of international peace and

security. Article 34 does not prevent the Secretary-

General or other organs from performing investigative

functions, nor does it limit the Council’s general

competence to obtain knowledge of the relevant facts

of any dispute or situation by dispatching a fact-

finding or investigative mission.

Section II provides an overview of the practice of

the Security Council relating to fact-finding and

investigation in accordance with Article 34 of the

Charter, in three subsections. Subsection A relates to

Security Council missions; subsection B to

investigative and fact-finding functions of the

Secretary-General; and subsection C to other instances

of investigative functions acknowledged by the

Council.

During the period under review, the Council

significantly increased the number of missions

dispatched to conflict or post-conflict areas, with 10

such visits taking place in 2016 and 2017 to support

peace processes and to assess the situation on the

ground and the status of implementation of its

resolutions. The Council acknowledged the

investigative functions of the Secretary-General by

calling for the implementation of the report of the

International Commission of Inquiry on the Central

Part VI. Consideration of the provisions of

Chapter VI of the Charter

315

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African Republic; giving the United Nations

Multidimensional Integrated Stabilization Mission in

the Central African Republic (MINUSCA) the task of

mapping violations of international humanitarian law

and abuses of human rights committed in the country

since 2003; requesting the United Nations

Multidimensional Integrated Stabilization Mission in

Mali (MINUSMA) to support the establishment of the

international commission of inquiry on Mali; twice

renewing the mandate of the Joint Investigative

Mechanism of the Organisation for the Prohibition of

Chemical Weapons (OPCW) and the United Nations,

the most recent until 17 November 2017; and

requesting the Secretary-General to establish an

investigative team to support domestic efforts in Iraq to

hold Islamic State in Iraq and the Levant (ISIL, also

known as Da’esh) accountable for acts that may

amount to war crimes, crimes against humanity and

genocide. In considering the matters before it, the

Council also continued to acknowledge and rely upon

investigations conducted by organs of the United

Nations other than the Secretary-General, including the

Human Rights Council; the Office of the High

Commissioner for Human Rights in Burundi, Côte

d’Ivoire, the Democratic Republic of the Congo and

Myanmar; and the OPCW fact-finding mission in the

Syrian Arab Republic.

A. Security Council missions

During the period under review, the Security

Council dispatched 10 missions consisting of all 15

Council members, of which eight were deployed to

Africa and the remaining two to Latin America and the

Caribbean. None of the Council missions in the period

under review was explicitly charged with investigative

tasks. The most common objectives of the missions

included calling for the implementation of peace

agreements and inclusive political transition and

national reconciliation processes; assessing the security

and humanitarian situation in the countries concerned;

drawing attention to the need for the protection of

civilians and respect for human rights; calling on host

Governments and relevant parties to fully cooperate

with peacekeeping operations on the ground to ensure

the full implementation of their mandates; and

expressing or reaffirming support for regional and

subregional organizations for the prevention and

resolution of conflict and countering the spread of

terrorism and violent extremism. For more information

on the missions dispatched in 2016 and 2017, including

their duration and composition and the related

documents, see table 2.

Table 2

Security Council missions, 2016–2017

Duration

Destination

Composition

Terms of

reference

Report

Meeting record

and date

Item

21–23 January

2016

Africa

(Ethiopia,

Burundi)

Angola (co-leader for Burundi),

China, Egypt (co-leader for

Ethiopia), France (co-leader for

Burundi), Japan, Malaysia,

New Zealand, Russian

Federation, Senegal, Spain,

Ukraine, United Kingdom,

United States (co-leader for

Burundi), Uruguay, Venezuela

(Bolivarian Republic of)

S/2016/55

20 January

2016

S/PV.7615

29 January

2016

Security

Council

mission

3–9 March 2016

Africa

(Guinea-

Bissau,

Mali,

Senegal)

Angola (co-leader for Guinea-

Bissau, leader for Senegal),

China, Egypt, France (co-leader

for Mali), Japan, Malaysia,

New Zealand, Russian

Federation, Senegal (co-leader

for Mali and Guinea-Bissau),

Spain, Ukraine, United

Kingdom, United States,

Uruguay, Venezuela (Bolivarian

Republic of)

S/2016/215

7 March

2016

S/2016/511

11 May 2016

S/PV.7647

16 March

2016

Security

Council

mission

Repertoire of the Practice of the Security Council, 2016–2017

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316

Duration

Destination

Composition

Terms of

reference

Report

Meeting record

and date

Item

17–22 May 2016

Africa

(Kenya,

Somalia,

Egypt)

Angola, China, Egypt (leader

for Egypt and Kenya, co-leader

for Somalia), France, Japan,

Malaysia, New Zealand,

Russian Federation, Senegal,

Spain, Ukraine, United

Kingdom (co-leader for

Somalia), United States,

Uruguay, Venezuela (Bolivarian

Republic of)

S/2016/456

18 May

2016

S/PV.7696

25 May 2016

Security

Council

mission

2–5 September

2016

Africa

(South

Sudan,

Ethiopia)

Angola, China, Egypt, France,

Japan, Malaysia, New Zealand,

Russian Federation, Senegal

(co-leader), Spain, Ukraine,

United Kingdom, United States

(co-leader), Uruguay, Venezuela

(Bolivarian Republic of)

S/2016/757

1 September

2016

No formal

meeting took

place

10–14 November

2016

Africa

(Democratic

Republic of

the Congo,

Angola)

Angola (co-leader), China,

Egypt, France (co-leader),

Japan, Malaysia, New Zealand,

Russian Federation, Senegal,

Spain, Ukraine, United

Kingdom, United States,

Uruguay, Venezuela (Bolivarian

Republic of)

S/2016/948

9 November

2016

S/PV.7819

23 November

2016

Security

Council

mission

1–7 March 2017

Africa

(Cameroon,

Chad,

Niger,

Nigeria)

Bolivia (Plurinational State of),

China, Egypt, Ethiopia, France

(co-leader), Italy, Japan,

Kazakhstan, Russian

Federation, Senegal (co-leader),

Sweden, Ukraine, United

Kingdom (co-leader), United

States, Uruguay

S/2017/181

1 March

2017

S/2017/403

5 May 2017

S/PV.7894

9 March

2017

Security

Council

mission

3–5 May 2017

Latin

America

(Colombia)

Bolivia (Plurinational State of),

China, Egypt, Ethiopia, France,

Italy, Japan, Kazakhstan,

Russian Federation, Senegal,

Sweden, Ukraine, United

Kingdom (co-leader), United

States, Uruguay (co-leader)

S/2017/363

25 April

2017

S/PV.7941

16 May 2017

Security

Council

mission

22–24 June 2017

Haiti

Bolivia (Plurinational State of)

(leader), China, Egypt,

Ethiopia, France, Italy, Japan,

Kazakhstan, Russian

Federation, Senegal, Sweden,

Ukraine, United Kingdom,

United States, Uruguay

S/2017/511

15 June

2017

S/PV.7994

30 June 2017

Security

Council

mission

6–8 September

2017

Africa

(Ethiopia)

Bolivia (Plurinational State of),

China, Egypt, Ethiopia (leader),

France, Italy, Japan,

Kazakhstan, Russian

Federation, Senegal, Sweden,

S/2017/757

5 September

2017

S/2017/1002

30 November

2017

S/PV.8043

12 September

2017

Security

Council

mission

Part VI. Consideration of the provisions of

Chapter VI of the Charter

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18-12959

Duration

Destination

Composition

Terms of

reference

Report

Meeting record

and date

Item

Ukraine, United Kingdom,

United States, Uruguay

19–22 October

2017

Africa

(Mali,

Mauritania,

Burkina

Faso)

Bolivia (Plurinational State of),

China, Egypt, Ethiopia

(co-leader), France (co-leader),

Italy (co-leader), Japan,

Kazakhstan, Russian

Federation, Senegal, Sweden,

Ukraine, United Kingdom,

United States, Uruguay

S/2017/871

16 October

2017

S/PV.8077

26 October

2017

Security

Council

mission

In addition, references to the utility of Security

Council missions were made in the context of several

open debates on the working methods of the Council.

For example, during the Council’s 7703rd meeting, on

31 May 2016, under the item entitled “Implementation

of the note by the President of the Security Council

(S/2010/507)”, the representative of New Zealand

described Council missions as a very valuable tool to

advance peace and security objectives and stated that

they could also assist the Council in meeting its

conflict-prevention responsibilities.

18

At the 7740th

meeting, held on 19 July 2016 under the same item, the

representative of Ukraine welcomed the initial steps

taken in 2010 to introduce formal guidelines with

respect to the use of field missions. He expressed his

country’s readiness to continue discussions within the

Council to further develop and improve provisions on

Council missions, including mission planning and

decision-making regarding their dispatch, composition,

reporting period and form of reporting as well as

decision-making with respect to the outcome.

19

The

representative of the Republic of Korea highlighted the

potential of dispatching field visits of the

Peacebuilding Commission to complement the fact-

finding missions of the Council.

20

At the Council’s

8038th meeting, on 30 August 2017, held under the

same item, the representative of Japan pointed out that

the revised note of the President of the Security

Council on its working methods, dated 30 August

2017, referred for the first time to consideration of

joint missions of the Security Council and the Peace

and Security Council of the African Union to address

conflict situations in Africa.

21

__________________

18

S/PV.7703, p. 14.

19

S/PV.7740, p. 5.

20

Ibid., p. 42.

21

S/PV.8038, p. 4; see also S/2017/507, para. 122.

B. Investigative and fact-finding functions

of the Secretary-General

In its decisions during the period under review,

the Council acknowledged the investigative or fact-

finding functions of the Secretary-General in

connection with seven items on its agenda. The

relevant provisions of those decisions are set out in

table 3.

In connection with the item entitled “The

situation in the Central African Republic,” the Council

recalled the submission of the report of the

International Commission of Inquiry established

pursuant to resolution 2127 (2013), and noted with

concern its finding that the main parties to the conflict,

including ex-Séléka, the anti-balaka and elements from

the Armed Forces of the Central African Republic who

collaborated with armed groups, had committed serious

violations and abuses since 1 January 2013 that might

amount to war crimes and crimes against humanity.

22

In resolution 2301 (2016), acting under Chapter VII of

the Charter, the Council decided that the mandate of

MINUSCA would include undertaking a mapping of

violations of international humanitarian law and of

abuses of human rights committed throughout the

Central African Republic since 2003 to inform efforts

to fight impunity.

23

Following the submission of the

mapping report, in resolution 2387 (2017), also acting

under Chapter VII of the Charter, the Council took note

of its content, and called upon the authorities of the

Central African Republic to follow up on the

recommendations.

24

In relation to the item entitled “The situation in

Mali,” by resolution 2295 (2016), under Chapter VII of

the Charter, the Council decided that the mandate of

__________________

22

Resolutions 2301 (2016), tenth preambular paragraph;

and 2387 (2017), eighth preambular paragraph.

23

Resolution 2301 (2016), para. 33(b)(i).

24

Resolution 2387 (2017), para. 26.

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MINUSMA would include support for the

implementation of the reconciliation and justice

measures of the Agreement on Peace and

Reconciliation in Mali of 2015, including with respect

to the establishment of an international commission of

inquiry, in consultation with the parties.

25

In resolution

2364 (2017), the Council noted the lack of progress in

the creation and operationalization of the Commission

of Inquiry, and expressed concern that this delay risked

creating a culture of impunity by allowing human

rights abuses and violations to go unaddressed.

26

During the period under review, in connection

with the item entitled, “The situation in the Middle

East”, the Council twice renewed the mandate of the

OPCW-United Nations Joint Investigative Mechanism,

which was established pursuant to

resolution 2235

(2015) to identify individuals, entities, groups or

Governments responsible for the use of chemicals as

weapons in the Syrian Arab Republic.

27

The Joint

Investigative Mechanism issued a total of seven reports

to the Council detailing the progress of its work.

28

At

the end of 2017, amid discussions about its

performance and working methods, proposals to extend

its mandate were not successful, and the mandate

expired on 17 November 2017.

29

As shown in table 3,

__________________

25

Resolution 2295 (2016), para. 19(a)(iii).

26

Resolution 2364 (2017), sixteenth preambular paragraph.

27

Resolutions 2314 (2016), para. 1; and 2319 (2016), para. 1.

28

S/2016/142, annex; S/2016/530, annex; S/2016/738,

annex; S/2016/888, annex; S/2017/131, annex;

S/2017/552, annex; and S/2017/904, annex.

29

For more information on the Joint Investigative

the Council also referred to its work under the item

entitled, “Non-proliferation of weapons of mass

destruction”.

30

Case 1 provides greater detail on the

discussions relating to the work of the Joint

Investigative Mechanism.

In resolution 2379 (2017), in connection with the

item entitled “Threats to international peace and

security”, the Council requested the Secretary-General

to establish an investigative team, headed by a Special

Adviser, to support domestic efforts in Iraq to hold

ISIL (Da’esh) accountable by collecting, preserving

and storing evidence in Iraq of acts that might amount

to war crimes, crimes against humanity and genocide

by the terrorist group.

31

In resolution 2388 (2017),

under the item entitled “Maintenance of international

peace and security”, the Council invited the Secretary-

General to ensure that the work of the Investigative

Team was informed by relevant anti-trafficking

research and expertise, and that its efforts to collect

evidence on trafficking in persons offences were

gender-sensitive, victim centred, trauma-informed,

rights-based and not prejudicial to the safety and

security of victims.

32

Case 2 provides further detail on

the discussions in the Council concerning the

establishment of the Investigative Team.

__________________

Mechanism, see part I, sect. 24, “The situation in the

Middle East”, and part IX, sect. III, “Investigative

bodies”.

30

Resolution 2325 (2016), sixth preambular paragraph.

31

Resolution 2379 (2017), para. 2.

32

Resolutions 2388 (2017), para. 29; and 2396 (2017),

thirty-second preambular paragraph.

Table 3

Decisions relating to investigative and/or fact-finding activities by the Secretary-General, 2016–2017

Decision and date

Provision

The situation in the Central African Republic

Resolution

2301 (2016)

26 July 2016

Recalling the submission of the report of the International Commission of Inquiry on the Central

African Republic, established pursuant to resolution 2127 (2013), noting with concern its finding

that the main parties to the conflict, including ex-Séléka, the anti-balaka and elements from the

Armed Forces of the Central African Republic who collaborated with armed groups, have committed

violations of international humanitarian law and human rights violations and abuses since 1 January

2013 that may amount to war crimes and crimes against humanity, including ethnic cleansing by

elements of the anti-balaka militia (tenth preambular paragraph)

Decides that the mandate of the United Nations Multidimensional Integrated Stabilization Mission

in the Central African Republic shall include the following immediate priority tasks:

(b) Promotion and protection of human rights

…

Part VI. Consideration of the provisions of

Chapter VI of the Charter

319

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Decision and date

Provision

(i) To monitor, help to investigate and report publicly and to the Security Council on violations of

international humanitarian law and on violations and abuses of human rights committed throughout

the Central African Republic, including undertaking a mapping of such violations and abuses since

2003 to inform efforts to fight impunity (para. 33 (b) (i))

Resolution

2387 (2017)

15 November 2017

Recalling the submission of the report of the International Commission of Inquiry on the Central

African Republic, established by resolution 2127 (2013), noting with concern its finding that the

main parties to the conflict, including ex-Séléka, the anti-balaka, and elements from the Armed

Forces of the Central African Republic who collaborated with armed groups, have committed

violations of international humanitarian law and human rights violations and abuses since 1 January

2013 that may amount to war crimes and crimes against humanity, including ethnic cle ansing by

elements of the anti-balaka militia (eighth preambular paragraph)

Takes note in this regard of the report of the mapping project describing serious violations and

abuses of international human rights and violations of international humanitarian law committed

within the territory of the Central African Republic between January 2003 and December 2015, and

further calls on the authorities of the Central African Republic to follow up on these

recommendations (para. 26)

The situation in Mali

Resolution

2295 (2016)

29 June 2016

Decides that the mandate of the United Nations Multidimensional Integrated Stabilization Mission

in Mali (MINUSMA) shall include the following priority tasks:

(a) Support to the implementation of the Agreement on Peace and Reconciliation in Mali

…

(iii) To support the implementation of the reconciliation and justice measures of the Agreement,

especially in its part V, including with respect to the establishment of an international commission

of inquiry, in consultation with the parties, and support the operationalization of the Truth, Justice

and Reconciliation Commission (para. 19 (a) (iii))

Resolution

2364 (2017)

29 June 2017

Noting the lack of progress in the creation and operationalization mechanisms to promote

reconciliation and justice, including the Commission of Inquiry as well as the Truth, Justice and

Reconciliation Commission, and expressing concern that this delay risks creating a culture of

impunity by allowing human rights abuses and violations to go unaddressed (sixteenth preambular

paragraph)

Decides that the mandate of MINUSMA shall include the following priority tasks:

(a) Support to the implementation of the Agreement on Peace and Reconciliation in Mali

…

(iii) To support the implementation of the reconciliation and justice measures of the Agreement,

especially in its part V, including with respect to the establishment and operations of an international

commission of inquiry, in consultation with the parties, and to support the operationalization of the

Truth, Justice and Reconciliation Committee (para. 20 (a) (iii))

The situation in the Middle East

Resolution

2314 (2016)

31 October 2016

Decides to renew the mandate of the Organisation for the Prohibition of Chemical Weapons

(OPCW)-United Nations Joint Investigative Mechanism, as set out in resolution

2235 (2015)

, until

18 November 2016, and expresses its intention to consider a further extension before the expiration

of this mandate (para. 1)

Reaffirms paragraphs 1 to 4, 6 to 9, 12 and 15 of resolution

2235 (2015)

, and stresses the need for

the full functioning of the Joint Investigative Mechanism during this period (para. 2).

Resolution

2319 (2016)

17 November 2016

Decides to renew the mandate of the OPCW-United Nations Joint Investigative Mechanism, as set

out in resolution 2235 (2015), for a further period of one year from the date of adoption of the

present resolution, with a possibility of further extension and update by the Security Council if it

deems it necessary (para. 1)

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Decision and date

Provision

Encourages the Joint Investigative Mechanism, where relevant, to consult appropriate United

Nations counter-terrorism and non-proliferation bodies, in particular the Committee established

pursuant to resolution 1540 (2004) and the Committee pursuant to resolutions 1267 (1999),

1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (ISIL, also known as

Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities, in order to

exchange information on non-State actor perpetration, organization, sponsorship or other

involvement in use of chemicals as weapons in the Syrian Arab Republic where the OPCW fact-

finding mission determines or has determined that a specific incident in the Syrian Arab Republic

involved or likely involved the use of chemicals as weapons (para. 4)

Invites the Joint Investigative Mechanism to engage relevant regional States in pursuit of its

mandate, including in order to identify to the greatest extent feasible any individuals, entities or

groups associated with ISIL (Da’esh) or Al-Nusrah Front who were perpetrators, organizers,

sponsors or otherwise involved in the use of chemicals as weapons in the Syrian Arab Republic

where the fact-finding mission determines or has determined that a specific incident in the Syrian

Arab Republic involved or likely involved the use of chemicals as weapons, encourages relevant

regional States to provide, as appropriate, to the Mechanism information on non-State actors’ access

to chemical weapons and their components or efforts by non-State actors to develop, acquire,

manufacture, possess, transport, transfer or use chemical weapons and their means of delivery that

occur under their jurisdiction, including relevant information from national investigations, and

underscores the importance of the obligations of States parties under article VII of the Convention

on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and

on Their Destruction and the full implementation of paragraph 8 of resolution 2235 (2015),

including with respect to information pertaining to non-State actors (para. 5)

Recalls article X.8 and X.9 of the Convention allowing any State party to request and receive

assistance and protection against the use or threat of use of chemical weapons if it considers that

chemical weapons have been used against it, recalls further that such requests, substantiated by

relevant information, are transmitted by the Director General of OPCW to the Executive Council of

the Organisation and all States parties to the Convention, and invites the Joint Investigative

Mechanism to offer its services to OPCW in such circumstances if relevant to effectively fulfilling

the mandate of the Mechanism (para. 6)

Reaffirms paragraph 7 of resolution 2235 (2015), including with respect to the ability of the Joint

Investigative Mechanism to examine additional information and evidence that was not obtained or

prepared by the fact-finding mission but that is related to the mandate of the Mechanism, and

stresses the need for its full implementation, in particular the provision of information requested by

the Joint Investigative Mechanism and the making available of witnesses (para. 7)

Requests the Joint Investigative Mechanism to complete a report within 90 days of adoption of the

present resolution, and complete subsequent reports as appropriate thereafter, and requests the

Mechanism to present the report, or reports, to the Security Council and inform the Executive

Council, and invites the Mechanism to brief, as appropriate, the Committee established pursuant to

resolution

1540 (2004)

, the Committee pursuant to resolutions

1267 (1999)

,

1989 (2011)

and

2253 (2015)

or other relevant counter-terrorism or non-proliferation bodies on relevant results of

its work (para. 9)

Maintenance of international peace and security

Resolution

2388 (2017)

21 November 2017

Invites the Secretary-General to ensure that the work of the Investigative Team established pursuant

to resolution 2379 (2017) is informed by relevant anti-trafficking research and expertise, and that its

efforts to collect evidence on trafficking in persons offences are gender-sensitive, victim centred,

trauma-informed, rights-based and not prejudicial to the safety and security of victims (para. 29)

Non-proliferation of weapons of mass destruction

Resolution

2325 (2016)

15 December 2016

Recalling the decision in resolutions 2118 (2013) of 27 September 2013 and 2298 (2016) of 22 July

2016 that Member States shall immediately inform the Security Council of any violation of

resolution 1540 (2004), and recalling also the invitation in resolution 2319 (2016) for the Joint

Part VI. Consideration of the provisions of

Chapter VI of the Charter

321

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Decision and date

Provision

Investigative Mechanism of the Organization for the Prohibition of Chemical Weapons and the

United Nations, to brief, as appropriate, the Committee established pursuant to resolution

1540 (2004) on relevant results of its work (sixth preambular paragraph)

Threats to international peace and security

Resolution

2379 (2017)

21 September 2017

Requests the Secretary-General to establish an investigative team, headed by a Special Adviser, to

support domestic efforts to hold ISIL (Da’esh) accountable by collecting, preserving and storing

evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide

committed by the terrorist group ISIL (Da’esh) in Iraq, to the highest possible standards, which

should be addressed by the terms of reference referred to in paragraph 4, to ensure the broadest

possible use before national courts, and complementing investigations being carried out by the Iraqi

authorities, or investigations carried out by authorities in third countries at their request (para. 2)

Requests the Secretary-General to submit to the Security Council, for its approval, within 60 days,

terms of reference acceptable to the Government of Iraq in order to ensure the Team can fulfil its

mandate, and consistent with this resolution, in particular paragraph 6, regarding the operation of

the Investigative Team in Iraq (para. 4)

Underlines that another Member State in whose territory ISIL (Da’esh) has committed acts that may

amount to war crimes, crimes against humanity, or genocide, may request the Team to collect

evidence of such acts, but only with the approval of the Security Council, which may request the

Secretary-General to submit separate terms of reference with regard to the operation of the Team in

that State (para. 11)

Threats to international peace and security caused by terrorist acts

Resolution

2396 (2017)

21 December 2017

Reaffirming its request in paragraph 2 of resolution 2379 (2017) to establish an investigative team,

to be headed by a Special Adviser, to support domestic efforts to hold ISIL (Da’esh) accountable by

collecting, preserving and storing evidence in Iraq of acts that may amount to war crimes, crimes

against humanity and genocide committed by the terrorist group ISIL (Da’esh) in Iraq, and recalling

its invitation in paragraph 29 of resolution 2388 (2017) to the Secretary-General to ensure that the

work of the Investigative Team is informed by relevant anti-trafficking research and expertise and

that its efforts to collect evidence on trafficking in persons offences are gend er-sensitive, victim

centred, trauma-informed, rights-based and not prejudicial to the safety and security of victims

(thirty-second preambular paragraph)

During the reporting period, the Secretary-

General undertook several other investigative actions,

upon the request of the Council and in his capacity as

Chief Administrative Officer of the Organization.

In a letter dated 19 April 2016, following an

attack on the United Nations protection of civilians site

in Malakal, South Sudan, on 17 and 18 February 2016,

the President of the Council informed the Secretary-

General that the issue of the ongoing challenges facing

the sites for the protection of civilians established by

the United Nations Mission in South Sudan (UNMISS)

had been brought to the attention of the Council. The

President further informed the Secretary-General that

Council members had requested the Department of

Peacekeeping Operations to provide a paper containing

an analysis of the challenges inherent to the sites, the

lessons learned since their establishment and the

continuing implications of the sites for the Mission and

its mandate, and requested that the Secretary-General

provide that information to coincide with the

conclusion of the work of the board of inquiry into the

attack.

33

In the aftermath of the violence and the assaults

on civilians and United Nations staff in Juba, South

Sudan, from 8 to 25 July 2016, the Secretary-General

ordered an independent special investigation to review

the actions of UNMISS in response to both the sexual

violence and violence against civilians in Juba, and the

Terrain Camp incident.

34

In a letter dated 1 November

2016, the Secretary-General submitted to the Council a

summary of the investigation highlighting the key

findings of the report, together with a list of

recommendations to the parties concerned that pointed

out issues specific to UNMISS and the systemic issues

that the Mission would have to address to implement

__________________

33

S/2016/359.

34

S/2016/924.

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the civilian protection mandate more efficiently.

35

On

17 April 2017, the Secretary-General submitted to the

Council an update summarizing the overall

achievements of UNMISS and the Secretariat in

implementing the recommendations of the independent

special investigation.

36

In connection with the situation in Liberia, on

4 April 2017 the Secretary-General submitted a

peacebuilding plan to direct the role of the United

Nations system and other relevant partners in

supporting the transition of Liberia as requested by the

Council in resolution 2333 (2016).

37

As part of the

plan, it was proposed that, in collaboration with the

Government of Liberia, the United Nations system and

international partners, the Economic Community of

West African States (ECOWAS) would, inter alia,

deploy a fact-finding team to the country to help with

policy and strategic advice to contribute to the conduct

of an inclusive and peaceful election in 2017.

38

In a

presidential statement issued on 24 July 2017, the

Council welcomed the submission of the peacebuilding

plan.

39

In his capacity as the Chief Administrative

Officer of the United Nations, the Secretary-General

continued to establish boards of inquiry to review and

investigate incidents related to attacks on United

Nations personnel or premises. In several of these

instances, he reported the findings of the boards of

inquiry to the Council. For example, following the

19 September 2016 attack on a United Nations-Syrian

Arab Red Crescent convoy at Urem al-Kubra, Syrian

Arab Republic, which resulted in the death of at least

10 persons, the injury of at least 22 persons and the

destruction of vehicles and property, the Secretary-

General, in a letter dated 21 December 2016,

transmitted to the Council a detailed summary of the

report of the United Nations Headquarters Board of

Inquiry, established on 21 October 2016 to review and

investigate the incident. The Board submitted its report

to the Secretary-General on 16 December 2016.

40

Following the deaths in March 2017 of two

members of the Group of Experts on the Democratic

Republic of the Congo, a United Nations Security

Management System Board of Inquiry was convened to

establish the facts of the incident, to evaluate the

United Nations response to it and to provide

recommendations on actions that should be taken to

__________________

35

Ibid., annex.

36

S/2017/328.

37

S/2017/282, annex.

38

Ibid., para. 63 (b).

39

S/PRST/2017/11.

40

S/2016/1093, annex.

avoid such incidents in the future. The Board of

Inquiry was convened by the Under-Secretary-General

for Safety and Security, in consultation with the

Executive Office of the Secretary-General and the

Under-Secretaries-General for Political and Legal

Affairs, on 24 April 2017. It submitted its final report

on 2 August 2017. In a letter dated 15 August 2017, the

Secretary-General transmitted to the Council a

summary of the report, which provided a synopsis of

the findings and recommendations contained therein.

41

In a letter dated 31 October 2017, the Secretary-

General informed the Council of his intention, as

agreed with the Government of the Democratic

Republic of the Congo, to deploy a team to assist with

the national investigation into the incident and to

report periodically to the Council on the work of the

team.

42

Case 1

The situation in the Middle East

At its 7815th meeting, held on 17 November

2016 under the item entitled “The situation in the

Middle East”, the Council unanimously adopted

resolution 2319 (2016), in which it renewed for a

period of one year the mandate of the OPCW-United

Nations Joint Investigative Mechanism, as established

under resolution 2235 (2015), to identify individuals,

entities, groups or Governments that were perpetrators,

organizers, sponsors or otherwise involved in the use

of chemicals as weapons in the Syrian Arab Republic.

43

In the explanation of their votes, some Council

members noted the importance of the Joint

Investigative Mechanism in identifying those involved

in the use of chemical weapons, its deterrent effect on

the use of such weapons and the need for the

Mechanism to continue its work.

44

Removing the threat

of chemical weapons, according to the representative

of Ukraine, was an “essential element in creating

proper conditions for de-escalating tensions on the

ground, tackling extremism and reaching a sustainable

political solution to the crisis”.

45

The representative of

Japan stated that by renewing the mandate of the

Mechanism, the Council was sending a strong and

clear message to those responsible for the use of

__________________

41

S/2017/713, annex.

42

S/2017/917.

43

S/PV.7815, p. 2. The Council, by resolution 2314 (2016)

of 31 October 2016, had previously renewed the mandate

of the OPCW-United Nations Joint Investigative

Mechanism until 18 November 2016. See S/PV.7798, p. 2.

44

S/PV.7815, p. 3 (United States); p. 5 (France); and p. 6

(Spain).

45

Ibid., p. 6.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

323

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chemical weapons in the Syrian Arab Republic.

46

The

representative of the Russian Federation reiterated his

country’s scepticism regarding the conclusions of the

Mechanism’s reports and the modalities of its work,

and stated that his delegation trusted that the members

of the Mechanism’s team would continue to remember

their “own responsibility and ensure impartial,

objective work”.

47

The representative of the People’s

Republic of China called upon the Joint Investigative

Mechanism to respect the sovereignty of the countries

concerned and pay more attention to the use of

chemical weapons by non-State actors and terrorist

groups.

48

At the 7893rd meeting, held on 28 February

2017, a draft resolution submitted by 42 Member

States,

49

which would have provided for the imposition

of sanctions measures under Chapter VII of the Charter

with respect to individuals and entities found

responsible for the use of chemical weapons in the

Syrian Arab Republic, was not adopted owing to the

negative vote of two permanent members.

50

In their

statements before and after the vote, several Council

members stated that the responsibility of the

Government of the Syrian Arab Republic and ISIL

(Da’esh) for the use of chemical weapons had been

established by the Joint Investigative Mechanism.

51

They underlined the duty of the Council to hold those

responsible accountable for their actions.

52

The

representative of the Russian Federation disagreed and

argued that the conclusions of the Mechanism in its

third and fourth reports were “not based on convincing

facts on which any sort of charges could be founded”

and questioned the sources of its information and

geographical makeup of its personnel.

53

He added that

the Russian Federation was seeing a clear trend of

bringing powerful political pressure to bear on the

__________________

46

Ibid., p. 7.

47

Ibid., p. 4.

48

Ibid., p. 5 (China).

49

Draft resolution (S/2017/172) submitted by Albania,

Australia, Austria, Belgium, Bulgaria, Canada, Croatia,

Cyprus, Czech Republic, Denmark, Estonia, Finland,

France, Germany, Greece, Iceland, Ireland, Israel, Italy,

Japan, Latvia, Liechtenstein, Lithuania, Luxembourg,

Malta, Montenegro, Netherlands, New Zealand, Norway,

Poland, Portugal, Qatar, Romania, Saudi Arabia,

Slovakia, Spain, Sweden, Turkey, Ukraine, United Arab

Emirates, United Kingdom and United States.

50

S/PV.7893, p. 4.

51

Ibid., p. 3 (France); pp. 4–5 (United States); p. 6 (United

Kingdom); p. 9 (Uruguay); and p. 14 (Sweden).

52

Ibid., p. 3 (France); pp. 4–5 (United States; p. 6 (United

Kingdom); pp. 8–9 (Japan); p. 9 (Uruguay); p. 10 (Italy);

and p. 14 (Sweden).

53

Ibid., p. 7.

Mechanism and pre-programming the results of the

investigation, as a result of which it was being

“forced” to set aside the principles of objectivity,

independence and impartiality which were set forth in

the resolution that established it.

54

While also calling

for objective and fair investigation criteria, several

other Council members were of the view that the draft

resolution constituted a premature judgment on the

reports of the Mechanism.

55

The representative of the

Plurinational State of Bolivia expressed concern about

the proposed sanctions measures. He questioned the

process for the elaboration of the list of individuals and

entities that would have been subject to the measures,

stating that it had not been compiled by the Mechanism

and that it therefore violated the right to due process.

56

At the Council’s 8090th meeting, on 7 November

2017, the Under-Secretary-General and High

Representative for Disarmament and the Head of the

OPCW-United Nations Joint Investigative Mechanism

briefed the Council on the work of the Mechanism and

on that of the OPCW fact-finding mission established

to determine the existence of a chemical weapons

attack.

57

The Under-Secretary-General described the

most recent findings of the fact-finding mission in

connection with the alleged chemical attack at

Ltamenah on 30 March 2017 as deeply concerning, all

the more so in view of the expiration of the mandate of

the Joint Investigative Mechanism on 16 November

2017.

58

The Head of the Joint Investigative Mechanism

noted that according to the seventh report, submitted

on 26 October 2017,

59

there was sufficient evidence of

a “credible and reliable nature” to conclude that

chemical weapons were used by ISIL (Da’esh) at Umm

Hawsh on 15 and 16 September 2016 and by the Syrian

Arab Republic at Khan Shaykun on 4 April 2017.

60

He

elaborated on the methodology used by the Mechanism

in reaching its conclusions, and concluded by

underlining the importance for the international

community of ensuring that it had effective ways to

respond rapidly to any future use of chemical weapons,

including acts of chemical terrorism.

61

In the discussion that ensued, several Council

members stated that the Joint Investigative Mechanism

had conducted its work in accordance with its terms of

reference, and called upon the Council to renew its

__________________

54

Ibid., pp. 7–8.

55

Ibid., p. 9 (China); p. 11 (Plurinational State of Bolivia);

p. 12 (Egypt); and p. 13 (Ethiopia).

56

Ibid., p. 11.

57

S/PV.8090, pp. 2–7.

58

Ibid., p. 3.

59

S/2017/904, annex.

60

S/PV.8090, p. 3.

61

Ibid. pp. 3–7.

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324

mandate to ensure accountability for and prevent future

use of chemical weapons in the Syrian Arab

Republic.

62

The representative of the United Kingdom

maintained that the Mechanism had built its case on the

totality of evidence available to it, as “any

professional, rational investigation would do”.

63

The

representative of the Russian Federation questioned the

methodologies of the Mechanism and the OPCW fact-

finding mission, citing “systemic deficiencies” and

stating that their mandates had been implemented

selectively, without the use of the whole range of

methods and means based on the standard of the

Chemical Weapons Convention, including witness

interviews and a site visit. The result, he stated, was a

“series of gross errors” in the report of the Mechanism.

He also expressed the view that, without

comprehensive changes in its working methods, the

Mechanism would not achieve its intended goal of

closing a large gap in international tools used to

address such issues as investigating cases of chemical

terrorism and being a preventive mechanism aimed at

deterrence.

64

While expressing overall support for the

Mechanism, several other Council members also

pointed to inconsistencies in the report’s conclusions

and highlighted the need for improvement in its

methodology in the future.

65

The Council continued to discuss the renewal of

the mandate of the Joint Investigative Mechanism,

failing to adopt two draft resolutions at the 8105th

meeting, held on 16 November 2017, and a third at the

8107th meeting, held on 17 November 2017, owing to

negative votes cast by permanent members of the

Council.

66

In a letter dated 27 December 2017,

transmitting to the Council the fifty-first monthly

report of the Director General of OPCW, submitted

pursuant to paragraph 12 of resolution 2118 (2013), the

Secretary-General noted that, with the end of the

mandate of the Joint Investigative Mechanism, there

was now a gap in collective efforts to identify those

responsible for the use of chemical weapons. He

therefore reiterated his call upon the Council to give all

__________________

62

Ibid., p. 8 (United States); p. 9 (Ukraine); p. 10 (France);

p. 12 (Japan); p. 14 (Uruguay); p. 18 (United Kingdom);

and p. 22 (Sweden).

63

Ibid., p. 18.

64

Ibid., pp. 14, 15 and 17.

65

Ibid., p. 11 (Egypt); p. 12–13 (Kazakhstan); p. 19

(China); p. 20 (Plurinational State of Bolivia); and p. 21

(Ethiopia).

66

S/PV.8105, pp. 3 and 19; and S/PV.8107, p. 2. See also

draft resolution submitted by France, Italy, Japan,

Sweden, Ukraine, United Kingdom and United States

(S/2017/962); draft resolution submitted by Bolivia

(Plurinational State of) (S/2017/968); and draft

resolution submitted by Japan (S/2017/970).

due attention to the ongoing reports of the use of

chemical weapons in the Syrian Arab Republic to

preclude any impression that such weapons may be

used without consequence.

67

Case 2

Threats to international peace and security

On 21 September 2017, at its 8052nd meeting,

held at the ministerial level under the item entitled

“Threats to international peace and security”, the

Council adopted a resolution sponsored by 47 Member

States,

68

in which the Council requested the Secretary-

General to establish an investigative team to support

domestic efforts to hold ISIL (Da’esh) accountable for

war crimes, crimes against humanity and genocide in

Iraq.

69

In the explanation of his vote during the high-

level meeting, the representative of the United

Kingdom described the resolution as a vital step in

bringing ISIL (Da’esh) to justice and, in doing so, also

in “seeking to heal the sectarian divides that Da’esh

has exploited and enflamed”.

70

The representative of

Sweden described the resolution as an example of how

the Council could take action in support of

accountability, and that accountability was critical to

delivering on the Council’s aims of reconciliation and

sustaining peace. She welcomed the global advocacy

role of the Special Adviser established under the

resolution, as well as the fact that other Member States

could request assistance from the team with the

approval of the Council.

71

Other representatives

highlighted the importance of the decision in the

context of international efforts to combat terrorism.

72

The representatives of France and Sweden expressed

the position that the investigative team should not

contribute to trials that may lead to capital

punishment.

73

A number of Council members emphasized the

need for such international investigative mechanisms

__________________

67

S/2017/1119.

68

Australia, Austria, Bahrain, Belgium, Bulgaria,

Cambodia, Canada, Croatia, Cyprus, Czech Republic,

Denmark, Djibouti, Estonia, Ethiopia, Finland, France,

Germany, Hungary, Iceland, Iraq, Israel, Italy, Japan,

Kazakhstan, Latvia, Lithuania, Luxembourg, Morocco,

Netherlands, Nigeria, Norway, Oman, Peru, Poland,

Qatar, Saudi Arabia, Senegal, Slovakia, Slovenia, Spain,

Sweden, Turkey, Ukraine, United Arab Emirates, United

Kingdom, United States and Uruguay.

69

Resolution 2379 (2017), para. 2.

70

S/PV.8052, pp. 2–3.

71

Ibid., p. 4.

72

Ibid., p. 5 (Kazakhstan); p. 8 (China); p. 10 (Uruguay);

and p. 11 (Egypt).

73

Ibid., p. 4 (Sweden); and p. 7 (France).

Part VI. Consideration of the provisions of

Chapter VI of the Charter

325

18-12959

to fully respect the sovereignty of Member States.

74

The representative of the Russian Federation added

that resolution 2379 (2017) did not undermine the tenet

that the primary responsibility to bring terrorists to

justice rested with States and did not create any new

precedents in that regard.

75

The representative of Iraq

expressed the view that the resolution fully respected

the sovereignty of his country and that it was founded

on three pillars, namely, providing international

assistance in evidence collection, in line with robust

international legal standards; the sharing of

international legal expertise with Iraqi experts and

judges; and Iraq’s readiness to assist other countries

whose nationals might be members of the terrorist

group by sharing evidence with them.

76

In letters dated 20 November and 13 December

2017, the Secretary-General requested the Council to

extend the deadline for the submission of the terms of

__________________

74

Ibid., p. 6 (Russian Federation); p. 8 (China); p. 9

(Plurinational State of Bolivia); p. 11 (Egypt); and p. 12

(Ethiopia).

75

Ibid., p. 6.

76

Ibid., p. 13.

reference for the investigative team in order to reach a

final satisfactory outcome of the discussions with the

Government of Iraq concerning the sharing of evidence

by the team in respect of any criminal proceedings in

which capital punishment could be imposed or carried

out.

77

C. Other instances of investigative

functions acknowledged by the

Security Council

During the period under review, in its decisions,

the Council also recognized the investigative functions

performed by the Office of the United Nations High

Commissioner for Human Rights (OHCHR), the

Human Rights Council and OPCW in relation to the

situations in Burundi, the Central African Republic,

Côte d’Ivoire, the Democratic Republic of the Congo,

Myanmar and the Syrian Arab Republic. The

provisions of decisions of the Council referring to such

functions are set out in table 4.

__________________

77

S/2017/989 and S/2017/1072.

Table 4

Decisions relating to investigation and inquiry by United Nations bodies and related organizations,

2016–2017

Decision and date

Provision

The situation in Burundi

Resolution

2279 (2016)

1 April 2016

Noting with satisfaction the cooperation and access to some political prisoners provided by the

Burundian authorities to the independent experts of the Office of the High Commissioner on Human

Rights (OHCHR) on the ground (twelfth preambular paragraph)

Resolution

2303 (2016)

29 July 2016

Noting further the visits to Burundi from 1 to 8 March and from 13 to 17 June 2016 of the experts of

the United Nations Independent Investigation on Burundi requested by the Human Rights Council in

its resolution of 17 December 2015 (ninth preambular paragraph)

S/PRST/2017/13

2 August 2017

…The Security Council further calls on the Government of Burundi to cooperate with the Commission

of Inquiry on Burundi mandated under Human Rights Council resolution 33/24 (twelfth paragraph)

The situation in the Central African Republic

Resolution

2301 (2016)

26 July 2016

Stressing the urgent and imperative need to end impunity in the Central African Republic and to bring

to justice perpetrators of violations of international humanitarian law and of abuses and violations of

human rights, underlining in this regard the need to bolster national accountability mechanisms,

including the Special Criminal Court, and underlining also its support for the work of the Independent

Expert of the Human Rights Council on human rights in the Central African Republic (t welfth

preambular paragraph)

Repertoire of the Practice of the Security Council, 2016–2017

18-12959

326

Decision and date

Provision

Resolution

2387 (2017)

15 November 2017

Stressing the urgent and imperative need to end impunity in the Central African Republic and to bring

to justice perpetrators of violations of international humanitarian law and of abuses and violations of

human rights, welcoming in this regard the progressive operationalization of the Special Criminal

Court, and underlining the need to bolster the other national accountability mechanisms as well as the

support for the work of the Independent Expert of the Human Rights Council on human rights in t he

Central African Republic (eleventh preambular paragraph)

The situation in Côte d’Ivoire

Resolution

2284 (2016)

28 April 2016

Decides that until 30 April 2017, the mandate of the United Nations Operation in Côte d’Ivoire shall

be the following:

…

(d) Support for compliance with international humanitarian and human rights law

To contribute to the promotion and protection of human rights in Côte d’Ivoire, including through

early warning activities and in close coordination with the Independent Expert established pursuant to

Human Rights Council resolution 17/21 of 17 June 2011, and to monitor, help to investigate and report

to the Security Council abuses and violations of human rights and violations of international

humanitarian law in order to prevent such abuses and violations and contribute to ending impunity

(para. 15 (d))

The situation concerning the Democratic Republic of the Congo

Resolution

2348 (2017)

31 March 2017

Condemns the violence witnessed in the Kasai region over recent months, expresses grave concern at

serious violations of international humanitarian law committed by local militia in the region, including

those involving attacks on security forces of the Democratic Republic of the Congo and symbols of

State authority, recruitment and use of children in violation of applicable international law, and further

expresses serious concerns at the recent reports of mass graves and of killings of civilians by members

of the security forces of the Democratic Republic of the Congo, all of which might constitute war

crimes under international law, welcomes the announcement by the Government of the Democratic

Republic of the Congo that it will conduct investigations into violations of international hum anitarian

law and violations or abuses of human rights in the Kasais jointly with the United Nations

Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and the

United Nations Joint Human Rights Office, and in collaboration with the African Union, in order to

bring to justice and hold accountable all those responsible, and looks forward to their results (para. 10)

Resolution

2360 (2017)

21 June 2017

Reiterating the importance and urgency of prompt and transparent investigations into violations of

international humanitarian law and violations and abuses of human rights in the Kasai region, further

reiterating its intention to closely monitor progress of the investigations into these violations,

including the disproportionate use of force, which will be conducted jointly by the Government of the

Democratic Republic of the Congo, MONUSCO and the United Nations Joint Human Rights Office,

and in collaboration with the African Union, as announced by the Government of the Democratic

Republic of the Congo, in order to bring to justice and hold accountable all those responsible, and

looking forward to their results (eleventh preambular paragraph)

S/PRST/2017/12

26 July 2017

The Security Council reiterates the importance and urgency of prompt and transparent investigations

into violations of international humanitarian law and violations or abuses of human rights in the Kasaï

region. It welcomes the dispatch of a team of international experts to work in cooperation with the

Government of the Democratic Republic of the Congo. The Council reiterates its intention to closely

monitor progress of the investigations into these violations and abuses, including the joint

investigations by the Government of the Democratic Republic of the Congo, MONUSCO and the

United Nations Joint Human Rights Office, in order to bring to justice and hold accountable all those

responsible, and it looks forward to their report (seventh paragraph)

The situation in the Middle East

Resolution

2314 (2016)

31 October 2016

Noting that additional allegations of chemical weapons use in the Syrian Arab Republic are being

investigated by the fact-finding mission of OPCW (second preambular paragraph)

Part VI. Consideration of the provisions of

Chapter VI of the Charter

327

18-12959

Decision and date

Provision

Resolution

2319 (2016)

17 November 2016

Noting that additional allegations of chemical weapons use in the Syria n Arab Republic are being

investigated by the fact-finding mission of OPCW (second preambular paragraph)

The situation in Myanmar

S/PRST/2017/22

6 November 2017

The Council stresses the importance of undertaking transparent investigations into alleged human

rights abuses and violations, including sexual violence and abuse and violence against children, and of

holding to account all those responsible for such acts to provide justice for victims (seventeenth

paragraph)

In this regard, the Council calls upon the Government of Myanmar to cooperate with all relevant

United Nations bodies, mechanisms and instruments, in particular the Office of the United Nations

High Commissioner for Human Rights, and to continue further consultations on opening a country

office of OHCHR (eighteenth paragraph)

During the meetings of the Council and in some

of the written communications, Council members made

reference to the investigative function of the Human

Rights Council and the Office of the High

Commissioner for Human Rights and the outcome of

their investigations. For example, speakers before the

Council acknowledged the work of the United Nations

independent investigation on Burundi

78

and of the

Independent International Commission of Inquiry on

the Syrian Arab Republic, both of which were

established by the Human Rights Council.

79

Cases 3

and 4 illustrate the discussions of the Council

concerning the investigative work of the Human Rights

Council and OHCHR in relation to the situation in the

Democratic People’s Republic of Korea (case 3) and

the situation in Myanmar (case 4).

In a letter dated 27 April 2017, following an

Arria-formula meeting with the Chair of the

Independent International Commission of Inquiry on

the Syrian Arab Republic on 21 April 2017, France and

the United Kingdom drew the attention of the Council

to the most recent report of the Commission, issued on

10 March 2017, presenting what the letter described as

a “detailed and sobering account of widespread and

systematic human rights violations that have been and

are being committed”.

80

In a note verbale dated 18 April 2017, Ukraine, in

the light of the briefing held at a meeting of the

Council on the same date, under the item entitled

__________________

78

S/PV. 7664, p. 5 (Ukraine); S/PV.7752, p. 7 (United

States); and S/PV.8013, p. 6 (Uruguay).

79

S/PV.7673, Resumption 1, p. 2 (Brazil); S/PV.7795; p. 13

(France); S/PV.7915; p. 12 (Sweden); S/PV.7919, p. 15

(Sweden); S/PV.7931, p. 9 (Senegal); and p. 10

(Uruguay); S/PV.7955, p. 12 (Senegal); S/PV.8058, p. 10

(United States); and S/PV.8105, p. 4 (United States).

80

S/2017/372.

“Maintenance of international peace and security” in

connection with human rights and prevention of armed

conflict, recalled that its Government had invited a

human rights monitoring mission to the country as “an

immediate response to Russian aggression to prevent

massive human rights violations”. In the note, Ukraine

referred to the reports on the human rights situation

released by the monitoring mission of OHCHR,

81

and

expressed the belief that consideration of human rights

issues was an integral part of the Council’s efforts in

conflict prevention and resolution.

82

Case 3

The situation in the Democratic People’s

Republic of Korea

The Council discussed the human rights situation

in the Democratic People’s Republic of Korea at its

7830th meeting, on 9 December 2016, held under the

item entitled “The situation in the Democratic People’s

Republic of Korea”. The Council had before it a letter

submitted by nine Council members.

83

Following the

adoption of the provisional agenda, the Deputy

Secretary-General stated that the recommendations of

the commission of inquiry of the Human Rights

Council, contained in its report of February 2014, were

instrumental in reframing the efforts of the United

Nations to improve the country’s human rights

__________________

81

Available at www.ohchr.org/EN/Countries/

ENACARegion/Pages/UAReports.aspx.

82

S/2017/334.

83

Letter dated 1 December 2016 from the Permanent

Representatives of France, Japan, Malaysia, New

Zealand, Spain, Ukraine, the United Kingdom, the United

States and Uruguay addressed to the President of the

Security Council (S/2016/1034). For more information

on the discussion concerning the adoption of the agenda,

see part II, sect. II.C, case 2.

Repertoire of the Practice of the Security Council, 2016–2017

18-12959

328

situation.

84

He added that this process had been carried

further by the adoption of resolution 2321 (2016), in

which the Council requested the Government of the

Democratic People’s Republic of Korea to respect and

ensure the “welfare and inherent dignity” of people in

its territory.

85

In his remarks, the Assistant Secretary-

General for Human Rights stated that accountability

was vital and that he hoped the Council would remain

seized of the matter. He mentioned that the General

Assembly had again encouraged the Security Council

to take appropriate action, including through

consideration of a referral of the situation in the

Democratic People’s Republic of Korea to the

International Criminal Court.

86

Citing a lack of overall progress since the

publication of the report in 2014, several Council

members underscored the importance of holding a

Council meeting to discuss the human rights situation

in the Democratic People’s Republic of Korea.

87

The

representative of Japan stated that there was a clear

linkage between the human rights violations in the

Democratic People’s Republic of Korea and the

instability of the region.

88

The representative of

Ukraine expressed his country’s strong support for the

conclusions and recommendations of the commission

of inquiry and for the establishment of the Office of the

High Commissioner for Human Rights in Seoul,

Republic of Korea one year earlier to monitor and

report on the situation.

89

The representative of New

Zealand welcomed the appointment by the Human

Rights Council of a new Special Rapporteur on the

situation of human rights.

90

The representative of the

United States stated that the Council had an important

role to play by, inter alia, considering the

recommendation by the commission of inquiry that the

situation in the Democratic People’s Republic of Korea

be referred to the International Criminal Court.

91

In

contrast, the representatives of China, Egypt, the

Russian Federation and the Bolivarian Republic of

Venezuela expressed disagreement with the decision to

hold the meeting, noting that the issue of human rights

in the Democratic People’s Republic of Korea did not

fall within the Council’s purview.

92

__________________

84

S/PV.7830, p. 5. See also A/HRC/25/63.

85

S/PV.7830, p. 5.

86

Ibid., p. 8.

87

Ibid., pp. 2 and 13–15 (United States); p. 8 (Japan); p. 9

(United Kingdom); pp. 11–12 (France); and p. 20

(Spain).

88

Ibid., p. 8.

89

Ibid., p. 11.

90

Ibid., p. 17.

91

Ibid., p. 15.

92

Ibid., p. 2 (China); p. 3 (Russian Federation); p. 4

At its 8130th meeting, on 11 December 2017, the

Council, having before it a letter submitted by nine

Council members,

93

again considered the situation of

human rights in the Democratic People’s Republic of

Korea. Several of them emphasized that the

recommendations of the commission of inquiry

remained pertinent and needed to be implemented.

94

The representative of Senegal encouraged the

Democratic People’s Republic of Korea to better

cooperate with the relevant mechanisms on the

promotion of human rights, including the commission

of inquiry.

95

The representative of the United Kingdom

deplored the lack of action on the report, and called

upon the Democratic People’s Republic of Korea to

allow human rights actors immediate and unhindered

access to the country.

96

The representative of Japan

cited the commission’s report, in which it stated that

the Democratic People’s Republic of Korea had

engaged in the abduction of foreign nationals. He

stated that abduction was a grave issue and posed a

threat to international peace and security.

97

The

representative of Egypt, citing his country’s

commitment to the principles of the Charter, including

sovereign equality of Member States and

non-interference in their internal affairs, expressed the

view that the Council was not the relevant international

forum to address the internal human rights situation in

countries, unless the matter concerned acts of genocide

or ethnic cleansing, which had a direct impact on

international peace and security.

98

The representative

of Kazakhstan opined that the Human Rights Council

was a more appropriate platform to discuss country-

specific human rights issues. He said that such issues

must be seen in an impartial and objective way, in

keeping with the accepted principles of international

law, and should be realized through diplomacy,

mediation, inclusive dialogue and capacity-building.

99

The representative of Ethiopia, in addition to

expressing serious concern about the human rights

situation in the Democratic People’s Republic of

Korea, stated that the Council should devote all its

time and energy to finding a peaceful and diplomatic

__________________

(Bolivarian Republic of Venezuela); and p. 13 (Egypt).

93

Letter dated 1 December 2017 from the Permanent

Representatives of France, Italy, Japan, Senegal, Sweden,

Ukraine, the United Kingdom, the United States and

Uruguay addressed to the President of the Security

Council (S/2017/1006).

94

S/PV.8130, p. 10 (United States); p. 10 (France); p. 12

(Sweden); and p. 17 (Italy).

95

Ibid., p. 13.

96

Ibid., p. 14.

97

Ibid., p. 19.

98

Ibid., p. 3.

99

Ibid., p. 18.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

329

18-12959

solution to the situation on the Korean peninsula

through dialogue and negotiation.

100

Case 4

The situation in Myanmar

On 28 September 2017, at its 8060th meeting, the

Secretary-General briefed the Council on the crisis in

Myanmar following the escalation of fighting in

northern Rakhine state in August 2017, and

underscored that there was a clear need to ensure

accountability for the perpetrators of human rights

violations, to curb violence and prevent future

abuses.

101

Several Council members urged the

Government of Myanmar to cooperate with and

provide full access to the independent international

fact-finding mission, established by the Human Rights

Council on 3 April 2017 to investigate human rights

abuses and violations in Myanmar, and in Rakhine

state in particular.

102

The representative of Italy

suggested that the fact-finding mission, in cooperation

with the Special Rapporteur on the situation of human

rights in Myanmar, could complement Government

efforts by exhaustively and impartially assessing the

situation and facilitating reconciliation.

103

__________________

100

Ibid., pp. 4–5.

101

S/PV.8060, p. 4.

102

Ibid., p. 5 (United Kingdom); p. 11 (Sweden); p. 12

(France); pp. 12–13 (Kazakhstan); and p. 18 (Uruguay);

see also Human Rights Council resolution 34/22.

103

S/PV.8060, p. 17.

At the 8133rd meeting, on 12 December 2017,

the representative of the United States deplored the

lack of any concrete action to hold accountable those

responsible for the atrocities, and stated that allowing

full access for the United Nations fact-finding mission

to gather information and evidence on the ground was

vital to accountability and a solution to the crisis.

104

The representative of France stated that incitement to

hatred was designed to dehumanize communities such

as the Rohingya and to continue to fuel the root causes

of violence. He underlined the need to establish serious

measures to enable the investigation of violations and

the prosecution of the perpetrators to put an end to the

atmosphere of impunity.

105

The representative of

Bangladesh, participating under rule 37 of the

provisional rules of procedure, pointed out that

Myanmar continued to deny access to the fact-finding

mission even after the mission had put forward a

constructive proposal for gathering a group of

interlocutors from concerned entities of the

Government to engage with them in a transparent

manner.

106

The representative of Ethiopia recognized

the critical need to investigate allegations of sexual

violence committed in Rakhine State and welcomed the

planned visit to Myanmar by the Special

Representative of the Secretary-General on sexual

violence in conflict.

107

__________________

104

S/PV.8133, p. 8.

105

Ibid., p. 14.

106

Ibid., p. 23.

107

Ibid., p. 13.

III. Decisions of the Security Council concerning the pacific

settlement of disputes

Article 33

1. The parties to any dispute, the continuance

of which is likely to endanger the maintenance of

international peace and security, shall, first of all, seek

a solution by negotiation, enquiry, mediation,

conciliation, arbitration, judicial settlement, resort to

regional agencies or arrangements, or other peaceful

means of their own choice.

2. The Security Council shall, when it deems

necessary, call upon the parties to settle their dispute

by such means.

Article 36

1. The Security Council may, at any stage of a

dispute of the nature referred to in Article 33 or of a

situation of like nature, recommend appropriate

procedures or methods of adjustment.

2. The Security Council should take into

consideration any procedures for the settlement of the

dispute which have already been adopted by the

parties.

3. In making recommendations under this

Article the Security Council should also take into

consideration that legal disputes should as a general

rule be referred by the parties to the International

Court of Justice in accordance with the provisions of

the Statute of the Court.

Article 37

1. Should the parties to a dispute of the nature

referred to in Article 33 fail to settle it by the means

Repertoire of the Practice of the Security Council, 2016–2017

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330

indicated in that Article, they shall refer it to the

Security Council.

2. If the Security Council deems that the

continuance of the dispute is in fact likely to endanger

the maintenance of international peace and security, it

shall decide whether to take action under Article 36 or

to recommend such terms of settlement as it may

consider appropriate.

Article 38

Without prejudice to the provisions of Articles 33

to 37, the Security Council may, if all the parties to any

dispute so request, make recommendations to the

parties with a view to a pacific settlement of the

dispute.

Note

Article 33 (1) of the Charter of the United

Nations expressly provides the framework for parties

to settle their disputes by peaceful means. According to

Article 33 (2) of the Charter, the Security Council shall

call on the parties to settle their disputes by such

peaceful means as provided for in Article 33 (1). The

Council may recommend appropriate procedures or

methods of adjustment for the settlement of disputes

under Article 36 (1). According to Article 36 (2) of the

Charter, the Council should take into consideration

procedures for the settlement of the dispute already

adopted by the parties. Article 36 (3) provides further

that legal disputes should, as a general rule, be referred

by the parties to the International Court of Justice.

Article 37 (2) envisages that, following a referral, the

Council shall decide whether to take action under

Article 36 or to recommend such terms of settlement as

it may consider appropriate. Article 38 provides that

the Council may make recommendations to the parties

with a view to a pacific settlement of the dispute.

Section III examines the decisions of the Security

Council in 2016 and 2017 in connection with the

peaceful settlement of disputes within the framework

of Chapter VI of the Charter. Decisions explicitly

adopted under Chapter VII of the Charter have not

been considered for the purposes of this section.

Subsections A to C illustrate ways in which the

Council addressed the pacific settlement of disputes in

the context of, respectively, thematic issues, country-

specific and regional situations, and the settlement of

disputes involving the Secretary-General. Subsection D

addresses regional arrangements and agencies, noting

that decisions of the Council in support of the pacific

settlement of disputes by regional organizations are

covered in part VIII.

A. Decisions of the Security Council

concerning thematic issues

The present subsection provides an overview of

the decisions of the Security Council adopted on

thematic issues that relate to the pacific settlement of

disputes. During the period under review, the Council’s

decisions highlighted the importance of sustaining

peace, preventing conflict and addressing its root

causes, as well as the primacy of political approaches

at all stages of conflict. Regarding the tools at the

disposal of the international community, the Council

emphasized the importance of peacekeeping,

peacebuilding and the good offices and mediation role

of the Secretary-General. The Council also consistently

underlined the need for inclusive peace agreements,

political transition and national reconciliation

processes and close cooperation with regional and

subregional organizations. A more detailed description

of the decisions of the Council relating to these

subjects is set out below.

Sustaining peace and political solutions

to conflict

The Council recognized in its decisions the

notion of “sustaining peace” as a shared responsibility

between Governments and national stakeholders,

which encompassed activities aimed at preventing the

outbreak, escalation, continuation and recurrence of

conflict, addressing root causes, assisting parties to

conflict to end hostilities, ensuring national

reconciliation and moving towards recovery,

reconstruction and development.

108

In addition, the

Council emphasized that sustaining peace was a shared

task and responsibility that needed to be fulfilled by

the Government and all other national stakeholders,

and should flow through all three pillars of the United

Nations’ engagement at all stages of conflict.

109

The Council stressed that the primacy of politics

should be the hallmark of the approach of the United

Nations to the resolution of conflict, including through

mediation, the monitoring of ceasefires and assistance

__________________

108

Resolution 2282 (2016), twelfth preambular paragraph;

and S/PRST/2017/27, third paragraph.

109

Resolution 2282 (2016), eighth preambular paragraph;

and S/PRST/2017/27, third paragraph.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

331

18-12959

to the implementation of peace accords.

110

The Council

recognized the need to weigh the full range of

responses when addressing a situation which might

endanger international peace and security, and to

deploy United Nations peacekeeping missions and

pursue peacebuilding efforts as an accompaniment not

as an alternative, to a political strategy that addressed,

among other elements, the root causes of conflict.

111

In

addition, the Council recognized that peacebuilding

was an inherently political process aimed at preventing

the outbreak, escalation, recurrence or continuation of

conflict, and that it encompassed a wide range of

political, development and human rights programmes

and mechanisms.

112

The Council acknowledged the

importance of strong coordination, coherence and

cooperation with the Peacebuilding Commission,

including to assist with the longer-term perspective

required for sustaining peace being reflected in the

formation, review and drawdown of peacekeeping

operations and the mandates of special political

missions.

113

During the period under review, the Council

stressed that a comprehensive approach to transitional

justice, including through promotion of healing and

reconciliation, security sector reform and effective

demobilization, disarmament and reintegration

programmes was critical to the consolidation of peace

and stability.

114

The Council also recognized the

positive contribution that mine action activities had

made to stabilization and peace-sustaining efforts, and

encouraged their inclusion in relevant ceasefire and

peace agreements.

115

Good offices and mediation

In several of its decisions on thematic items, the

Council recognized the important role of the good

offices of the Secretary-General, and encouraged the

Secretary-General to continue to use mediation to help

to resolve conflicts peacefully, working closely with

regional and subregional organizations in that

regard.

116

The Council stressed the important role of

the Special Representative of the Secretary-General for

__________________

110

S/PRST/2017/27, seventh paragraph; and resolution

2378 (2017), para. 1.

111

S/PRST/2017/27, twelfth paragraph.

112

S/PRST/2016/12, second paragraph.

113

S/PRST/2017/27, twenty-third paragraph.

114

Resolution 2282 (2016), para. 12.

115

Resolution 2365 (2017), para. 9.

116

Resolution 2320 (2016), para. 10; and resolution

2378 (2017), para. 4.

Children and Armed Conflict and the importance of her

country visits in, inter alia, enhancing dialogue with

concerned Governments and parties to an armed

conflict. The Council encouraged her to carry out

lessons learned initiatives to compile best practices on

the children and armed conflict mandate, including

practical guidance on the integration of child

protection issues in peace processes.

117

In addition, the Council reaffirmed the duty of all

States to settle their international disputes by peaceful

means through, inter alia, negotiation, enquiry, good

offices, mediation, conciliation, arbitration and judicial

settlement, or other peaceful means of their own

choice. It also stressed that the prevention of conflicts

remained a primary responsibility of States and that

actions undertaken by the United Nations within the

framework of conflict prevention should support and

complement the conflict prevention roles of national

Governments.

118

Inclusive political processes

The decisions of the Council during the period

under review made reference to inclusivity and

national ownership in the pacific settlement of disputes

as a significant factor in the sustainability of peace

agreements. Specifically, the Council called for the

greater participation of women at all levels of conflict

prevention and resolution and in the implementation of

peace agreements facilitated by the United Nations,

regional and subregional organizations, and

emphasized the important role women and civil society

could play in exerting influence over parties to armed

conflict.

119

The Council encouraged the Secretary-

General to promote the gender dimensions of

peacebuilding, including through strengthening

women’s meaningful participation in peacebuilding

and supporting women’s organizations and through

monitoring, tracking and reporting on achievement.

120

The Council highlighted the need for greater

participation of women at all stages of mediation and

post-conflict resolution, including within the Mediation

Support Unit of the Department of Political Affairs.

121

__________________

117

S/PRST/2017/21, thirty-seventh and thirty-eighth

paragraphs.

118

Resolution 2378 (2017), paras. 2 and 3.

119

S/PRST/2016/9, third, fifth and seventh paragraphs;

S/PRST/2016/12, ninth paragraph; and S/PRST/2016/8,

fourteenth paragraph.

120

Resolution 2282 (2016), para. 22.

121

S/PRST/2016/9, fifth and seventh paragraphs. For more

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332

The Council urged regional support for initiatives

aimed at promoting inclusive dialogue among national

stakeholders and stressed the importance of opening

political space to enable the full and free participation

of peaceful political parties, civil society and the media

in the political process, including through peaceful,

inclusive and credible elections.

122

The Council

stressed the importance of promoting policies and

adopting tailored approaches for youth that would

positively contribute to peacebuilding efforts,

including social and economic development,

supporting projects designed to grow local economies,

and providing youth employment opportunities,

fostering their education, and promoting youth

entrepreneurship and constructive political

engagement.

123

B. Recommendations of the

Security Council concerning country-

specific and regional situations

Article 33 (2) of the Charter provides that the

Council shall call upon the parties to settle disputes by

the means established in Article 33 (1), when deemed

necessary. In addition, Article 36 (1) of the Charter

provides that the Council may recommend appropriate

procedures or methods of adjustment. Article 37 (2)

establishes further that if the Council deems that the

continuance of the dispute is in fact likely to endanger

the maintenance of international peace and security, it

shall decide whether to take action under Article 36 or

to recommend such terms of settlement as it may

consider appropriate. Article 38 provides that, without

prejudice to Articles 33 to 37, the Council may make

recommendations to the parties with a view to a pacific

settlement of the dispute, if all the parties so request.

This subsection provides an overview of the

practice of the Council relating to the pacific

settlement of disputes in situations specific to a

country or region. In dealing with complex situations

in which the Council determined the existence of a

threat to international peace and security, the Council

utilized the tools available under Chapter VII of the

Charter in parallel with those available under Chapter

VI with a view to restoring peace and to

__________________

information on measures relating to women and peace

and security, see part I. sect. 33.

122

S/PRST/2016/2, ninth paragraph.

123

S/PRST/2016/12, tenth paragraph. See also resolution

2282 (2016), para. 23.

recommending procedures or methods for the pacific

settlement of disputes. Decisions adopted expressly

under Chapter VII of the Charter are covered in parts

VII and X.

In 2016 and 2017, the Council made a wide range

of recommendations for the peaceful settlement of

disputes, largely in connection with intra-State

conflicts. The Council called upon parties (a) to cease

hostilities and implement ceasefires; (b) to implement

inclusive national reconciliation processes; (c) to fully

implement existing peace agreements; (d) to engage in

dialogue to ensure the peaceful transfer of power and

the resolution of political and institutional crises; and

(e) to engage in dialogue to resolve long-standing

disputes.

Cessation of hostilities and ceasefire

With grave security and humanitarian conditions

in Myanmar, South Sudan, the Syrian Arab Republic

and Yemen, the Council urged warring parties to cease

hostilities and engage in dialogue on a permanent

ceasefire.

On 6 November 2017, the Council issued a

presidential statement under the item entitled “The

situation in Myanmar”, calling upon the Government

of Myanmar to ensure no further excessive use of

military force, to restore civilian administration and

apply the rule of law, and to take all necessary

measures to restore peace and inter-communal

harmony through, inter alia, dialogue and a

comprehensive reconciliation process.

124

The Council

also called upon the Government to address the root

causes of the crisis by respecting, promoting and

protecting human rights, and welcomed the

Government’s commitment to implement the

recommendations of the Advisory Commission on

Rakhine State.

125

Under the item entitled “The situation in the

Middle East”, in connection with the conflict in the

Syrian Arab Republic, in resolution 2268 (2016), the

Council endorsed the joint statement of the United

States and the Russian Federation, as Co-Chairs of the

International Syria Support Group, on the cessation of

hostilities, demanded the full and immediate

implementation of resolution 2254 (2015) to facilitate

a Syrian-led and Syrian-owned political transition in

order to end the conflict, and also demanded that all

__________________

124

S/PRST/2017/22, sixth and seventh paragraphs.

125

Ibid., fifteenth and sixteenth paragraphs.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

333

18-12959

parties fulfil their commitments.

126

On 31 December

2016, following a new ceasefire agreement concluded

by the warring parties the day before, the Council

adopted resolution 2336 (2016), in which it expressed

support for the efforts of the Russian Federation and

Turkey to end violence in the Syrian Arab Republic

and jumpstart a political process, and looked forward

to the meeting to be held in Astana, Kazakhstan,

between the Government of the Syrian Arab Republic

and the representatives of the opposition.

127

In connection with the conflict in Yemen, under

the item entitled “The situation in the Middle East”,

the Council welcomed the commencement of a

nationwide cessation of hostilities that began on

10 April 2016 and the launch, on 21 April, of peace

talks hosted by Kuwait, and led and facilitated by the

Special Envoy of the Secretary-General for Yemen.

The Council called upon all parties to develop a road

map for the implementation of interim security

measures, withdrawals, handover of heavy weapons,

restoration of State institutions and the resumption of

political dialogue in line with relevant Council

decisions, the Gulf Cooperation Council initiative and

implementation mechanism, and the outcomes of the

comprehensive National Dialogue Conference. The

Council stressed that a political solution to the crisis

was essential to address, in a durable and

comprehensive manner, the threat of terrorism in

Yemen.

128

With the continuation of fighting in 2017,

the Council reiterated its call to all parties to engage in

peace talks in a flexible and constructive manner

without preconditions, and in good faith.

129

Under the item entitled “Reports of the Secretary-

General on the situation in the Sudan and South

Sudan”, in connection with the conflict in South

Sudan, the Council called upon the Government and

the Sudan People’s Liberation Movement in

Opposition to adhere to the permanent ceasefire

pursuant to the Agreement on the Resolution of the

Conflict in South Sudan of 2015,

130

and urged all

parties to engage constructively and without

__________________

126

Resolution 2268 (2016), paras. 1, 2 and 3. For more

information, see part I, sect. 25, “The situation in the

Middle East”.

127

Resolution 2336 (2016), paras. 1 and 3.

128

S/PRST/2016/5, third, fifth and eighth paragraphs.

129

S/PRST/2017/7, fifth paragraph.

130

S/PRST/2016/1, sixth paragraph; S/PRST/2017/4, first

paragraph; and S/PRST/2017/25, first paragraph. For

more information, see part I, sect. 11, “Reports of the

Secretary-General on the Sudan and South Sudan”.

preconditions in the high-level revitalization forum

convened by the Intergovernmental Authority on

Development (IGAD) as a means of resolving the

crisis.

131

Taking note of the announcement by President

Salva Kiir of the launch of a national dialogue in

December 2016, the Council stated that such a process

must be inclusive. The Council also stressed that

actions by the parties that threatened the peace,

security or stability of South Sudan might be subject to

sanctions under resolutions 2206 (2015) and

2290 (2016).

132

National reconciliation and political transition

Underlining the importance of addressing the root

causes of conflict for sustainable peace, the Council

called upon Governments and other political

stakeholders in Afghanistan, Burundi, the Central

African Republic and Somalia to implement inclusive

national reconciliation and political transition

processes. With preparations under way for the closure

of the United Nations Operation in Côte d’Ivoire

(UNOCI), the Council also emphasized the importance

of inclusive national reconciliation in that country.

In connection with the situation in Afghanistan,

the Council welcomed the continuing efforts of the

Government of Afghanistan to advance the peace

process to promote an inclusive, Afghan-led and

Afghan-owned dialogue on reconciliation and political

participation, as well as its commitment to strengthen

the participation of women in Afghan political life, and

recalled that women play a vital role in the peace

process.

133

Welcoming the establishment of the

Quadrilateral Coordination Group on the Afghan Peace

and Reconciliation Process in January 2016, consisting

of Afghanistan, China, Pakistan and the United States,

the Council took note of the Group’s work towards

holding early direct peace talks between the

Government and the Taliban groups.

134

In connection with the situation in Burundi, the

Council urged the Government and all parties to refrain

from any action that would threaten peace and stability

and to extend full cooperation to the East African

Community-led, African Union-endorsed Mediator and

his Facilitator, in order to urgently agree on a timetable

__________________

131

S/PRST/2017/25, third paragraph.

132

S/PRST/2017/4, fifth and ninth paragraphs.

133

Resolution 2274 (2016), paras. 14 and 52. For more

information, see part I, sect. 18, “The situation in

Afghanistan”.

134

Resolution 2274 (2016), para. 16.

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334

and list of participants in an inclusive and genuine

inter-Burundian dialogue.

135

The Council also

expressed its intention to pursue targeted measures

against all actors who threatened the peace and security

of Burundi.

136

Regarding the situation in the Central African

Republic, the Council acknowledged the election of

President Faustin Archange Touadera, the formation of

a new Government and the establishment of the

National Assembly in 2016, and welcomed the steps

taken in the peace process with the signing of the

national strategy on disarmament, demobilization,

rehabilitation and reintegration and the internal

security forces development plan and national

reconciliation strategy. The Council emphasized that

the only viable way forward towards the consolidation

of peace was for all parties to address the root causes

of the conflict, recalled the inclusive and

comprehensive manner in which the Bangui Forum on

National Reconciliation of 2015 was held, and

encouraged the Central African Republic authorities to

urgently address the continued presence of armed

groups, including by deepening and accelerating the

disarmament, demobilization, reintegration and

repatriation of armed groups and the dialogue with

their representatives.

137

In 2017, the Council

encouraged the President to lead an inclusive political

process that would involve men and women of all

backgrounds without delay, and welcomed the African

Union Initiative for Peace and Reconciliation in the

Central African Republic.

138

With respect to the situation in Somalia, during

the review period, the Council welcomed the

commitment of the Federal Government of Somalia to

an inclusive and credible electoral process, emphasized

the importance of reconciliation across the country and

continued progress towards universal elections by

2020, and underlined the urgent need for progress in

the constitutional review process.

139

In 2017, the

__________________

135

Resolutions 2279 (2016), paras. 1 and 5; and 2303

(2016), paras. 1 and 6. For more information, see part I,

sect. 4, “The situation in Burundi”.

136

Resolutions 2279 (2016), para. 9; and 2303 (2016),

para. 5.

137

S/PRST/2016/17, first, second, fourth and fifth

paragraphs. For more information, see part I, sect. 7,

“The situation in the Central African Republic”.

138

S/PRST/2017/9, sixth and ninth paragraphs.

139

Resolution 2275 (2016), paras. 8 and 9. See also

S/PRST/2016/13, second and sixth paragraphs. For

further information, see part I, sect. 3, “The situation in

Somalia”.

Council commended the swift and gracious transfer of

power after the completion of the elections and the

increased participation and representation of the people

in the process. In terms of the way forward in the

political transition, the Council emphasized the need to

accelerate agreement between federal and regional

authorities on the security sector and accelerate the

peacebuilding and State-building process.

140

In relation to the situation in Côte d’Ivoire, the

Council stressed the need for, inter alia, the

advancement of national reconciliation and social

cohesion and the full and equal participation of women

in government and public institutions.

141

Full implementation of peace agreements

With respect to the peace processes in Colombia,

Darfur, Libya and Mali, the Council called upon the

signatories of the relevant agreements to fully

implement their security and political commitments.

Following the signing of the Final Peace

Agreement between the Government and FARC-EP in

2016, the Council welcomed the progress made in its

implementation and noted that, in addition to the

laying down of arms, the adoption of all agreed

measures to ensure effective reincorporation and

reconciliation, with the full participation of women,

would be vital to securing lasting peace in

Colombia.

142

Upon the completion of the first phase of

the General Agreement to End the Conflict and Build a

Stable and Lasting Peace, the Council congratulated

the parties and added that Colombia’s peace process

retained the potential to set an example for peace

processes elsewhere in the world.

143

Under the item entitled “Reports of the Secretary-

General on the Sudan and South Sudan,” in relation to

Darfur, the Council encouraged all parties to the

conflict to engage constructively with the African

Union High-level Implementation Panel-led mediation

to implement the road map agreement, and urged the

Sudan Liberation Army-Abdul Wahid to join the peace

__________________

140

S/PRST/2017/3, first, second, eighth and ninth

paragraphs.

141

S/PRST/2017/8, ninth paragraph. For more information,

see part I, sect. 9, “The situation in Côte d’Ivoire”.

142

S/PRST/2017/6, third and fifth paragraphs. For more

information, see part I, sect. 17, “Identical letters dated

19 January 2016 from the Permanent Representative of

Colombia to the United Nations addressed to the

Secretary-General and the President of the Security

Council (S/2016/53)”.

143

S/PRST/2017/18, third paragraph.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

335

18-12959

process, without preconditions, in order to achieve a

cessation of hostilities as a first step towards a

comprehensive and sustainable peace agreement.

144

The

Council also urged the signatory parties to the Doha

Document for Peace in Darfur to implement it in full,

and encouraged the Government of the Sudan to support

an environment conducive to the participation of the

opposition in political processes, including the

implementation of National

Dialogue

recommendations

.

145

After the signing of the Libyan Political

Agreement in December 2015, which outlined the way

forward for the holding of elections and the political

transition, the Council urged the Government of

National Accord and all Libyans to work towards the

peaceful conclusion of the transitional phase, and

repeated its call to respect the ceasefire.

146

The Council

also strongly urged all Libyans to work together in a

spirit of compromise and to engage constructively in

the inclusive political process set out in the action plan

of 20 September 2017, and reiterated the importance of

the meaningful participation of women.

147

In 2016, in connection with the situation in Mali,

the Council urged the armed group signatories to the

Agreement on Peace and Reconciliation in Mali to

cease hostilities, strictly adhere to the ceasefire

arrangements and resume dialogue without delay for

the implementation of the Agreement.

148

In 2017, under

the item entitled “Peace and security in Africa”, the

Council renewed its urgent call upon the Government

of Mali and the Plateforme and Coordination armed

groups to fully and expeditiously deliver on their

remaining obligations under the Agreement through the

operationalization of interim administrations, progress

in disarmament, demobilization and reintegration as

well as security sector reform, decentralization and

ensuring full and equal women’s participation.

149

The

Council underlined that engaging in hostilities in

violation of the Agreement or in actions obstructing its

implementation, including by prolonged delay,

__________________

144

Resolution 2363 (2017), para. 23.

145

Resolutions 2296 (2016), para. 9; and 2363 (2017),

para. 22.

146

S/PRST/2017/26, ninth and fifteenth paragraphs. For

more information, see part I, sect. 14, “The situation in

Libya”.

147

S/PRST/2017/19, fourth paragraph.

148

S/PRST/2016/16, first paragraph. For more information,

see part I, sect. 15, “The situation in Mali”.

149

Resolution 2391 (2017), para. 25.

constituted a basis for the designation of sanctions

pursuant to resolution 2374 (2017).

150

In addition, under the item entitled “The situation

in the Middle East”, in regard to the Golan Heights, the

Council stressed the obligation of Israel and the Syrian

Arab Republic to scrupulously and fully respect the

terms of the 1974 disengagement of forces agreement,

and encouraged them to take advantage of the liaison

function of the United Nations Disengagement Force

(UNDOF) to address issues of mutual concern.

151

Resolution of political crises and peaceful

transfer of power

In respect of the Democratic Republic of the

Congo, Guinea-Bissau, Lebanon and the Gambia, the

Council encouraged political actors in those countries

to engage in dialogue to resolve the ongoing political

and institutional crises and ensure the peaceful

transition of power.

Regarding the situation concerning the

Democratic Republic of the Congo, the Council was

encouraged by the unanimous commitment of

Congolese actors to continue inclusive discussions to

reach a broad consensus towards free, fair, credible,

inclusive, transparent, peaceful and timely presidential

and legislative elections leading to a peaceful transfer

of power.

152

In a presidential statement issued on

4 January 2017, the Council welcomed the signing of

the comprehensive and inclusive political agreement

on 31 December 2016, encouraged political parties

which had not yet signed the agreement to do so, and

expressed hope for a swift implementation of the

agreement, in order to organize the elections no later

than December 2017, leading to a peaceful transfer of

power.

153

From a regional perspective, in connection with

the item entitled “The situation in the Great Lakes

region”, the Council called upon all signatories of the

Peace, Security and Cooperation Framework for the

Democratic Republic of the Congo and the Region to

fully implement their commitments, including not

interfering in the affairs of neighbouring countries, not

supporting armed groups and not harbouring war

__________________

150

Ibid., para. 27.

151

Resolutions 2294 (2016), para. 2; 2330 (2016), para. 2;

2361 (2017), para. 2; and 2394 (2017), para. 2.

152

S/PRST/2016/18, fourth paragraph. For more

information, see part I, sect. 6, “The situation concerning

the Democratic Republic of the Congo”.

153

S/PRST/2017/1, first, second and third paragraphs.

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336

criminals. The Council demanded that all armed groups

operating in the Democratic Republic of the Congo lay

down their arms, and called upon States in the region

to cooperate in their disarmament and repatriation. It

also called upon Member States in the region to ensure

peace and security through timely, peaceful, inclusive

and credible elections and, noting the link between

justice and conflict prevention, to actively pursue

accountability for perpetrators of violations and abuses

of international human rights law.

154

Under the item entitled “The situation in Guinea-

Bissau”, the Council called upon the President, Prime

Minister, Speaker of Parliament and heads of political

parties to bring political stability and all relevant

stakeholders to work together to address the root

causes of instability.

155

In 2017, the Council recalled

that the Conakry Agreement of 14 October 2016, based

on the ECOWAS six-point road map entitled

“Agreement on the resolution of the political crisis in

Guinea-Bissau”, was the primary framework for a

peaceful resolution of the crisis, and called upon

political leaders to abide by their commitment by

engaging in genuine dialogue, including on the

constitutional review, finding common ground and

refraining from rhetoric and acts likely to undermine

peace and national cohesion.

156

Underscoring its deepest concern over the two-

year-long vacancy in the presidency of Lebanon and

the resulting political paralysis, in connection with the

situation in the Middle East, the Council called upon

all Lebanese parties, including in the Parliament, to

apply mechanisms provided for by the Constitution

with regard to the presidential election, and to engage

in negotiating a compromise agreement with the aim of

ending the crisis.

157

Following the election of President

Michel Aoun on 31 October 2016, the Council urged

him and Lebanese leaders to build on their efforts thus

far by continuing to work constructively to promote the

country’s stability and by swiftly forming a

government.

158

The Council also strongly called upon

all parties to respect the cessation of hostilities, and

urged them to cooperate with the Council and the

__________________

154

Resolution 2389 (2017), paras. 1, 5, 6, 8, 9, 12 and 13.

For more information, see part I, sect. 5, “The situation

in the Great Lakes region”.

155

Resolution 2267 (2016), paras. 4 and 5. For more

information, see part I, sect. 8, “The situation in Guinea-

Bissau”.

156

S/PRST/2017/17, third paragraph.

157

S/PRST/2016/10, third and fifth paragraphs.

158

S/PRST/2016/15, second paragraph.

Secretary-General to make tangible progress towards a

permanent ceasefire and a long-term solution as

envisioned in resolution 1701 (2006).

159

In connection with the item entitled “Peace

consolidation in West Africa”, the Council addressed

the political crisis in the Gambia by urging all parties

and stakeholders to respect the outcome of the election,

held on 1 December 2016, and requested former

President Yahya Jammeh to carry out a peaceful

transition process, and to transfer power to President

Adama Barrow in accordance with the Gambian

Constitution. The Council also requested all

stakeholders, within and outside the Gambia, to

exercise restraint, respect the rule of law and ensure

the peaceful transfer of power, and stressed the duty of

the Gambian defence and security forces to place

themselves at the disposal of the democratically

elected authorities.

160

The Council welcomed the peaceful transitions

following elections in Haiti and Liberia and,

particularly in the context of the drawdown of United

Nations peacekeeping operations, highlighted their

importance for sustainable peace. In relation to the

item entitled “The question concerning Haiti”, the

Council welcomed the presidential elections held in

2016 and 2017, which had paved the way to

consolidate Haiti’s democratic institutions through a

peaceful transfer of power, and reaffirmed the need for

political dialogue as a peaceful resolution to help

defuse tensions between competing groups and to

address ongoing socioeconomic grievances in the

country.

161

In connection with the situation in Liberia,

the Council called upon all stakeholders to ensure that

the October 2017 elections would be free, fair credible

and transparent, including through the participation of

women, and that any dispute would be resolved

peacefully through established mechanisms and in

accordance with the law. In the context of the

termination of the mandate of the United Nations

Mission in Liberia, scheduled for March 2018, the

Council took note of the peacebuilding plan and

actions to be taken in support of the Government’s

commitment to develop, before the Mission’s

departure, of durable national capacities to sustain

__________________

159

Resolution 2305 (2016), paras. 6 and 9.

160

Resolution 2337 (2017), paras. 1, 7, 9 and 10. For more

information, see part I, sect. 12, “Peace consolidation in

West Africa.”

161

S/PRST/2017/20, third and fifth paragraphs. For more

information, see part I, sect. 16, “The question

concerning Haiti”.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

337

18-12959

peace, and emphasized the need for expanded efforts

by Liberian authorities to, inter alia, address root

causes of conflict, reinvigorate reconciliation processes

and promote women’s active participation in

peacebuilding.

162

Peace negotiations on long-standing disputes

The Council also addressed long-standing

disputes and urged parties in Cyprus, Israel and

Palestine, the Sudan and South Sudan, and Western

Sahara to engage in peace talks in good faith.

Against the backdrop of positive momentum in

the negotiations, in connection with the situation in

Cyprus, the Council encouraged Greek and Turkish

Cypriot leaders to grasp the opportunity to secure a

comprehensive settlement.

163

The Council urged both

sides to implement confidence-building measures and

further mutually acceptable steps, and to continue to

engage, as a matter of urgency, in consultations with

the United Nations Peacekeeping Force in Cyprus

(UNFICYP) on the demarcation of the buffer zone, and

on the United Nations 1989 aide-memoire, with a view

to reaching early agreement on outstanding issues.

164

Under the item entitled “The situation in the

Middle East, including the Palestinian question”, the

Council stressed that the cessation of all Israeli

settlement activities was essential for salvaging the

two-State solution, and called for affirmative steps to

be taken to immediately to reverse the negative trends

on the ground that were imperilling it. The Council

also called upon both parties to act on the basis of

international law and their previous agreements and

obligations, demonstrating a genuine commitment to

the two-State solution, and to exert collective efforts to

launch credible negotiations on all final status issues in

the Middle East peace process.

165

Regarding the disputed Abyei Area, under the

item entitled “Reports of the Secretary-General on the

Sudan and South Sudan”, the Council urged the

Governments of the Sudan and South Sudan to resume

direct negotiations in order to urgently agree on a final

settlement of the issue, and to implement confidence-

__________________

162

S/PRST/2017/11, second and fourth paragraphs.

163

Resolution 2338 (2017), para. 1. For more information,

see part I, sect. 21, “The situation in Cyprus”.

164

Resolution 2263 (2016), paras. 4 and 8; 2300 (2016),

paras. 5 and 9; and 2338 (2017), paras. 5 and 9.

165

Resolution 2334 (2016), paras. 4, 7 and 8. For more

information, see part I, sect. 25, “The situation in the

Middle East, including the Palestinian question”.

building measures among the respective communities,

ensuring women were involved at all stages.

166

Expressing concern regarding the delays in the full

operationalization of the Joint Border Verification and

Monitoring Mechanism, the Council called upon the

two Governments to make timely and effective use of

the Mechanism, and to uphold their commitments

under the border security agreements, including taking

the necessary operational decisions related to their

agreement on the Safe Demilitarized Border Zone.

167

In relation to the situation concerning Western

Sahara, the Council called upon the Government of

Morocco and the Frente POLISARIO to resume

negotiations without preconditions and in good faith,

taking into account the efforts made since 2006 and

subsequent developments, with a view to achieving a

just, lasting and mutually acceptable political

solution.

168

The Council invited Member States to lend

appropriate assistance to the talks.

169

C. Decisions involving the Secretary-

General in the Council’s efforts at the

pacific settlement of disputes

While Article 99 of the Charter provides that the

Secretary-General may bring to the attention of the

Security Council any matter which in his opinion may

threaten the maintenance of international peace and

security, the Charter does not specifically define the

role of the Secretary-General in relation to matters of

peace and security. The work of the Council regarding

conflict prevention and the peaceful settlement of

disputes has, however, required the involvement of the

Secretary-General in all relevant aspects of that

agenda.

During the period under review, the Council

recognized the work of the Secretary-General in

connection with the pacific settlement of disputes,

particularly in the area of conflict prevention and

sustaining peace. The Council acknowledged, and in

some cases requested, the use of the good offices and

mediation role of the Secretary-General, and those of

his special representatives and envoys, in relation to

__________________

166

Resolutions 2352 (2017), paras. 4 and 16; and

2386 (2017), paras. 6 and 16.

167

Resolution 2352(2017), paras. 6 and 7.

168

Resolutions 2285 (2016), para. 9; and 2351 (2017),

para. 8. For more information, see part I, sect. 1, “The

situation concerning Western Sahara”.

169

Resolution 2351 (2017), para. 9.

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338

the cessation of hostilities and the implementation of

permanent ceasefires, the implementation of inclusive

reconciliation processes, the full implementation of

peace agreements, the peaceful transfer of power and

the resolution of political and institutional crises, the

resolution of protracted conflicts and the addressing of

cross-border challenges.

Good offices to end violence

With respect to the conflicts in Myanmar, the

Syrian Arab Republic and Yemen, the Council

requested the Secretary-General to utilize his good

offices to put an end to the violence.

In connection with the situation in Myanmar,

having called for an end to the fighting and for the

Government to assume its responsibility to protect

civilians, the Council requested the Secretary-General

to continue to provide his good offices and to pursue

his discussions with the Government, involving all

relevant stakeholders, to offer assistance to the

Government in that regard, and encouraged him to

consider, as appropriate, appointing a Special Adviser

on Myanmar.

170

In connection with the situation in the Middle

East, with regard to the conflict in the Syrian Arab

Republic, the Council requested the Secretary-General,

through his good offices and the efforts of the Special

Envoy for Syria, to resume the formal negotiations

between the representatives of the Government and the

opposition, under the auspices of the United

Nations.

171

Regarding Yemen, in April 2016, the Council

welcomed the launch of Yemeni-Yemeni peace talks,

hosted by Kuwait, and facilitated by the Special Envoy

of the Secretary-General for Yemen.

172

In 2017, the

Council expressed its continued support for the tireless

efforts of the Special Envoy to bring the parties to

negotiations to swiftly reach a final and comprehensive

agreement to end the conflict.

173

Good offices in support of political processes

The Council also highlighted the role of the

Secretary-General in supporting inclusive national

reconciliation processes in Burundi, Darfur, Guinea-

Bissau, Libya and Somalia.

__________________

170

S/PRST/2017/22, penultimate paragraph.

171

Resolution 2268 (2016), para. 7.

172

S/PRST/2016/5, third paragraph.

173

S/PRST/2017/7, fifth paragraph.

In connection with the situation in Burundi, the

Council requested the Secretary-General, through the

good offices of his Special Adviser on Conflict

Prevention, to support the inter-Burundian dialogue in

coordination with the East African Community-led and

African Union-endorsed Mediator and his Facilitator,

and to provide all necessary technical and substantive

support to the mediation.

174

The Council also requested

the Secretary-General to establish a United Nations

police officers component in Burundi to monitor the

security situation and support the monitoring of human

rights.

175

In relation to Guinea-Bissau, the Council

commended the good offices role of the Special

Representative of the Secretary-General in supporting

the Government, and invited the Secretary-General to

reinforce the capacities of the United Nations

Integrated Peacebuilding Office in Guinea-Bissau in

that regard and to continue to strengthen the

coordination of international support.

176

In connection with the situation in Somalia, the

Council underscored the importance of the support of

the United Nations Assistance Mission in Somalia to

the political process, including the provision of good

offices functions for the peace and reconciliation

process, in particular with regard to the completion of

the state formation and constitutional review processes,

as well as preparation of a free, fair and transparent

electoral process in 2016 and universal elections by

2020.

177

In connection with the situation in Libya, the

Council endorsed the United Nations Action Plan for

an inclusive Libyan-owned political process presented

by the Special Representative of the Secretary-General

on 20 September 2017, welcomed his objective to

support a Libyan-led transition leading to the

establishment of stable, unified, representative and

effective governance under the framework of the

Libyan Political Agreement, and stressed that all

initiatives aimed at strengthening political dialogue in

the country should be consolidated under the

leadership of the United Nations as called for by the

Secretary-General.

178

__________________

174

Resolutions 2279 (2016), para. 7; and 2303 (2016),

para. 7.

175

Resolution 2303 (2016), para. 13.

176

Resolutions 2267 (2016), para. 17; and 2343 (2017),

para. 20.

177

Resolution 2275 (2016), paras. 2 and 8.

178

S/PRST/2017/19, second and seventh paragraphs.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

339

18-12959

As part of its consideration of the item entitled

“Reports of the Secretary-General on the Sudan and

South Sudan”, in relation to the situation in Darfur, the

Council commended the efforts of the African Union-

United Nations Joint Special Representative for

Darfur/Joint Chief Mediator for Darfur and Head of the

African Union-United Nations Hybrid Operation in

Darfur (UNAMID) to revitalize the peace process and

to increase its inclusiveness, including through

renewed engagement with the non-signatory

movements, and welcomed his strengthened

coordination with the African Union High-level

Implementation Panel and the Special Envoy of the

Secretary-General for the Sudan and South Sudan in

synchronizing their mediation efforts.

179

Good offices in support of the implementation

of peace agreements

Concerning the situation in Mali, the Council

urged the Government to engage with the Secretary-

General, through his Special Representative, to

establish concrete benchmarks to assess the

implementation of the Agreement on Peace and

Reconciliation in Mali, and emphasized the central role

of the Special Representative of the Secretary-General

for Mali in supporting and overseeing its

implementation.

180

In relation to the dispute over the Abyei Area,

under the item entitled “Reports of the Secretary-

General on the Sudan and South Sudan”, the Council

encouraged the African Union High-level

Implementation Panel and the Special Envoy of the

Secretary-General for the Sudan and South Sudan to

continue coordinating efforts towards calling on the

Governments of the Sudan and South Sudan to fully

implement the 2011 agreements.

181

Good offices in support of the resolution of

political and institutional crises

The Council also highlighted the role of the

Secretary-General in supporting the resolution of

political and institutional crises in the Democratic

Republic of the Congo, the Gambia and Lebanon.

In connection with the situation concerning the

Democratic Republic of the Congo, following the

__________________

179

Resolution 2296 (2016), para. 8.

180

S/PRST/2016/16, fifth and sixth paragraphs.

181

Resolutions 2352 (2017), para. 4; and 2386 (2017),

para. 6.

signing of the December 2016 agreement aimed at

resolving the political crisis in the country, the Council

reiterated its support to the efforts of the Special

Representative of the Secretary-General, MONUSCO,

the African Union and regional organizations in

helping to ensure its full implementation.

182

Under the

item entitled “The situation in the Great Lakes region”,

the Council called upon the United Nations Special

Envoy for the Great Lakes region to continue his

regional and international engagement in furtherance

of peace and stability in the Democratic Republic of

the Congo and the region, including through the

promotion of timely, credible and inclusive national

elections, regional dialogue and by continuing, in close

coordination with the Special Representative of the

Secretary-General for the Democratic Republic of the

Congo and Head of MONUSCO, to lead, coordinate

and assess the implementation of commitments under

the Peace and Security Framework.

183

In relation to the political crisis in the Gambia,

under the item entitled “Peace consolidation in West

Africa”, the Council requested the Secretary-General,

including through his Special Representative for West

Africa and the Sahel, to facilitate political dialogue

between the Gambian stakeholders to ensure a peaceful

transition of power in the Gambia, and to provide

technical assistance to ECOWAS mediation where

required.

184

In connection with the situation in the Middle

East, in regard to Lebanon, the Council encouraged the

United Nations Special Coordinator for Lebanon, in

the context of her good offices role and in close

coordination with the members of the International

Support Group, to conduct intensified contacts with

Lebanon’s partners and engage key national and

regional stakeholders with the aim of helping Lebanon

towards a solution to the presidential vacancy.

185

Good offices in support of the resolution of

protracted disputes

The Council also referred to the good offices role

of the Secretary-General for the resolution of long-

standing disputes. In connection with the situation

concerning Western Sahara, the Council affirmed its

full support for the commitment of the Secretary-

__________________

182

S/PRST/2017/12, eleventh paragraph.

183

Resolution 2389 (2017), para. 22.

184

S/PRST/2016/19, eighth paragraph; and resolution

2337 (2017), para. 12.

185

S/PRST/2016/10, fourteenth paragraph.

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340

General and his Personal Envoy to relaunch the

negotiating process with the aim of reaching a

mutually acceptable political solution.

186

In connection

with the situation in Cyprus, the Council requested the

Secretary-General to intensify transition planning in

relation to a settlement between the Greek and Turkish

Cypriot parties, guided by developments in

negotiations, and encouraged the sides to engage with

each other and with UNFICYP and the United Nations

good offices mission on issues related to the

implementation of a settlement.

187

Good offices to address cross-border challenges

Concerning the Sahel, under the item entitled

“Peace consolidation in West Africa,” the Council

expressed full support to the Special Representative of

the Secretary-General for West Africa and looked

forward to efforts to enhance ongoing activities

undertaken by the United Nations Office for West

Africa and the Sahel in the areas of conflict prevention,

mediation and good offices, subregional and regional

__________________

186

Resolutions 2285 (2016), para. 8; and 2351 (2017),

para. 7.

187

Resolutions 2300 (2016), para. 4; and 2338 (2017),

para. 4.

cooperation to address cross-border and cross-cutting

threats to peace and security, the implementation of the

United Nations integrated strategy for the Sahel, as

well as the promotion of good governance, respect for

the rule of law and human rights, and gender

mainstreaming.

188

D. Decisions involving regional

arrangements or agencies

During the period under review, pursuant to

Article 52 of the Charter, the Council expressed

support for the crucial role of regional and subregional

organizations and other arrangements in the pacific

settlement of disputes, and encouraged them to

continue with those efforts and enhance their

cooperation and coordination with the United Nations

in this regard. Decisions of the Council regarding joint

or parallel efforts undertaken by the Council and

regional organizations, arrangements or agencies in the

pacific settlement of disputes during the period under

review are covered in part VIII.

__________________

188

S/PRST/2017/2, third paragraph; and S/PRST/2017/10,

second paragraph.

IV. Discussion on the interpretation or application of the

provisions of Chapter VI of the Charter

Note

Section IV features the main discussions in the

Security Council in 2016 and 2017 with regard to the

interpretation of specific provisions of Chapter VI of

the Charter concerning the role of the Council and the

Secretary-General in the peaceful settlement of

disputes. It excludes those that concern regional

organizations, which are covered in part VIII.

During the period under review, explicit

references were made to Article 33,

189

Article 36

190

and

__________________

189

In connection with the maintenance of international

peace and security, see S/PV.7621, p. 17 (Ukraine); p. 37

(Viet Nam); p. 56 (Kuwait); and p. 89 (Netherlands);

S/PV.7857, p. 52 (Viet Nam); and p. 70 (Panama);

S/PV.7886, p. 53 (Bolivarian Republic of Venezuela);

and S/PV.8144, p. 44 (Qatar); in connection with the

implementation of the note by the President of the

Security Council (S/2010/507), see S/PV.7633, p. 3

(Bolivarian Republic of Venezuela); in connection with

Article 99,

191

as well as to Chapter VI

192

of the Charter

during deliberations, but in most cases this did not give

__________________

the situation in Afghanistan, see S/PV.7722, p. 6

(Afghanistan); in connection with peacebuilding and

sustaining peace, see S/PV.7750, p. 14 (Senegal); and in

connection with the situation in Somalia, see S/PV.8099,

p. 13 (Djibouti).

190

In connection with the maintenance of international

peace and security, see S/PV.7621, p. 10 (Egypt).

191

In connection with the protection of civilians in armed

conflict, see S/PV.7606, p. 42 (Luxembourg); S/PV.7951,

p. 8 (Deputy Executive Director for Advocacy of Human

Rights Watch); and p. 11 (Ukraine); in connection with

the maintenance of international peace and security, see

S/PV.7621, p. 3 (Secretary-General); p. 70 (United Arab

Emirates); and p. 82 (Costa Rica); S/PV.7857, p. 7

(Kazakhstan); p. 11 (United States); p. 13 (France); p. 16

(Japan); p. 18 (Ukraine); p. 32 (Netherlands); p. 45

(Lebanon); p. 47 (European Union); p. 50 (Australia);

p. 72 (Kuwait); and p. 79 (Portugal); S/PV.7886, p. 14

(Ukraine); p. 56 (Australia); and p. 59 (New Zealand);

S/PV.7926, p. 8 (Kazakhstan); and S/PV.8144, p. 21

Part VI. Consideration of the provisions of

Chapter VI of the Charter

341

18-12959

rise to a constitutional discussion. No explicit

references were made to Articles 37 or 38 of the

Charter.

Section IV is divided into four subsections:

A. Reference to peaceful means of settlement in the

light of Article 33 of the Charter; B. Relevance of the

provisions of Chapter VI in comparison to the

provisions of Chapter VII; C. Utilization of Article 35

by Member States; and D. Utilization of Article 99 by

the Secretary-General for the pacific settlement of

disputes. The section features cases in which relevant

constitutional discussions took place during the period

under review.

__________________

(Italy); and p. 43 (Ecuador); in connection with the

implementation of the note by the President of the

Security Council (S/2010/507), see S/PV.7740, p. 25

(Australia); and p. 35 (Belgium); and in connection with

United Nations peacekeeping operations, see S/PV.8051,

p. 12 (Ukraine).

192

In connection with the protection of civilians in armed

conflict, see S/PV.7606, p. 4 (Deputy Secretary-General);

in connection with the implementation of the note by the

President of the Security Council (S/2010/507), see

S/PV.7616, p. 10 (Bolivarian Republic of Venezuela);

and S/PV.7766, p. 8 (Bolivarian Republic of Venezuela);

in connection with general issues relating to sanctions,

see S/PV.7620, p. 24 (Islamic Republic of Iran); and

S/PV.8018, p. 9 (Plurinational State of Bolivia); in

connection with the maintenance of international peace

and security, see S/PV.7621, p. 14 (Senegal); p. 51

(Colombia); p. 53 (Italy); p. 59 (Pakistan); p. 66

(Morocco); p. 70 (United Arab Emirates); p. 72

(Thailand); p. 75 (Nigeria); p. 77 (Tunisia); and p. 83

(Turkey); S/PV.7653, p. 43 (Italy); S/PV.7857, p. 4

(Secretary-General); p. 5 (Sweden); p. 15 (United

Kingdom); p. 40 (Colombia); p. 51 (Canada); p. 56

(Indonesia); p. 72 (Kuwait); p. 77 (United Arab

Emirates); p. 81 (Slovenia); and p. 83 (Morocco); and

S/PV.7886, p. 14, (Ukraine); and p. 53 (Bolivarian

Republic of Venezuela, on behalf of the Movement of

Non-Aligned Countries (NAM)); in connection with

reports of the Secretary-General on the Sudan and South

Sudan, see S/PV.7691, p. 2 (Russian Federation); in

connection with the non-proliferation of weapons of

mass destruction, see S/PV.7837, p. 2 (Spain); and p. 3

(Deputy Secretary-General); in connection with United

Nations peacekeeping operations, see S/PV.7947, p. 2

(Under-Secretary-General for Peacekeeping Operations);

pp. 4–7 (Head of Mission and Force Commander of the

United Nations Disengagement Observer Force); and p. 7

(Force Commander of MINUSCA); and in connection

with the Security Council mission to Haiti (22 to 24 June

2017), see S/PV.7994, pp. 2–3 (Plurinational State of

Bolivia).

A. Reference to peaceful means of

settlement in the light of Article 33 of

the Charter

Article 33 of the Charter stipulates that any

dispute that is likely to endanger the maintenance of

international peace and security should first be

addressed through negotiation, mediation or other

peaceful means, and states that the Council can call

upon the parties to settle their disputes by such means.

During the period under review, discussions with

respect to Article 33 were held in connection with the

following items, “Maintenance of international peace

and security” (case 5) and “Women and peace and

security” (case 6).

Case 5

Maintenance of international peace

and security

On 15 February 2016, the Council convened its

7621st meeting under the item entitled “Maintenance

of international peace and security” and the sub-item

entitled “Respect for the principles and purposes of the

Charter of the United Nations as a key element for the

maintenance of international peace and security”,

having before it a concept note circulated by the

Bolivarian Republic of Venezuela, which held the

Presidency during that month.

193

Opening the high-

level debate, the Secretary-General underlined that the

primary responsibility for preventing conflict and

protecting human rights lay with Member States. He

added that the Council had many tools with which to

encourage and seek to secure the peaceful resolution of

disputes before they escalated, but that ultimately the

unity of the Council was the crucial factor.

194

In the ensuing discussion, many Council

members and speakers invited under rules 37 and 39 of

the provisional rules of procedure cited the obligation

of Member States under the Charter, including under

Chapter VI and Article 33, to seek the peaceful

settlement of disputes.

195

Several speakers made

__________________

193

Letter dated 1 February 2016 from the Permanent

Representative of the Bolivarian Republic of Venezuela

to the United Nations addressed to the Secretary-General

(S/2016/103, annex).

194

S/PV.7621, p. 3.

195

Ibid., p. 4 (Bolivarian Republic of Venezuela); p. 7

(Angola); p. 10 (Egypt); pp. 14–15 (Senegal); p. 17

(Ukraine); p. 21 (Uruguay); p. 24 (Japan); p. 25 (China);

p. 28 (Russian Federation); p. 33 (Islamic Republic of

Iran, on behalf of NAM); p. 34 (Brazil); pp. 37–38 (Viet

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342

reference to the tools provided to the Council for the

peaceful settlement of disputes under Article 33 of the

Charter, namely negotiation, mediation, arbitration,

reconciliation and judicial settlement.

196

The

representative of Egypt referred to the Council’s

engagement of the good offices of the Secretary-

General, the gathering of information from fact-finding

committees, requesting advisory opinions of the

International Court of Justice and referring legal

disputes to the Court under Article 36 (3) of the

Charter.

197

The representatives of Japan and the

Netherlands called for more Member States to accept

the Court’s compulsory jurisdiction.

198

The

representative of Senegal noted, given the strong

regional dimension of most conflicts, the importance of

placing the action of regional organizations at the heart

of peace efforts.

199

The representative of Hungary

emphasized the importance of conflict prevention and

stated that the Council should use all of the elements in

its toolbox, including means related to the peaceful

settlement of disputes, cooperation with regional

organizations, the adoption of smart targeted sanctions

and the referral of situations to the International

Criminal Court.

200

In connection with the same item and having

before it the concept note circulated by Sweden, which

held the Presidency during that month,

201

the Council,

at its 7857th meeting, on 10 January 2017, held a high-

level open debate in relation to the sub-item “Conflict

prevention and sustaining peace”. Presenting his vision

for the reform of the peace and security architecture of

the Secretariat, the Secretary-General stated that the

international community must commit to a surge in

diplomacy for peace, in partnership with regional

organizations. Taking note of the intention of the

__________________

Nam); p. 38 (Sweden); p. 39 (Syrian Arab Republic);

p. 48 (Kazakhstan); p. 50 (Colombia); p. 55 (Kuwait);

p. 58 (Algeria); p. 60 (Bangladesh); p. 66 (Morocco);

p. 69 (Ecuador); p. 70 (United Arab Emirates); p. 72

(Thailand); p. 73 (Poland); p. 73 (Maldives); p. 75

(Nigeria); p. 78 (Peru); p. 80 (Guyana); and p. 89

(Netherlands).

196

Ibid., p. 9 (Spain); p. 27 (United States); p. 38 (Sweden);

p. 60 (Bangladesh); p. 70 (United Arab Emirates); and

p. 73 (Poland).

197

Ibid., p. 10.

198

Ibid., p. 24 (Japan); and p. 89 (Netherlands).

199

Ibid., p. 15.

200

Ibid., pp. 41–42.

201

Letter dated 4 January 2017 from the Permanent

Representative of Sweden to the United Nations

addressed to the Secretary-General (S/2017/6, annex).

Secretariat to enhance its mediation capacity, he asked

the Council to make greater use of the options laid out

in Chapter VI of the Charter, and expressed his

readiness to support the Council through his own good

offices and personal engagement.

202

In subsequent remarks, the representative of Viet

Nam noted the “urgent need to put conflict prevention

and dispute settlement at the core of the Organization’s

work, as provided for in Article 33”, and that in order

to achieve such goals, the Council should continue to

promote robust leadership and actively assume its

primary responsibility to maintain international peace

and security.

203

Several Council members and Member

States invited under rule 37 of the provisional rules of

procedure called for greater unity in the Council to

enable it to utilize all of the conflict prevention tools at

its disposal such as negotiation, mediation, conciliation

or judicial settlement.

204

The representative of the

Republic of Korea stated that the Council should make

better use of its investigatory tools under Article 34 of

the Charter.

205

The representative of the United States

maintained that identifying who is responsible for

abuses and violations of the Charter, in public, in the

Council, is an antidote to impunity and may have some

deterrent effect.

206

Other speakers drew attention to the preventative

role of sanctions and peacekeeping operations,

207

cooperation with regional and subregional

organizations,

208

greater inclusion and participation of

women in peace processes

209

and justice and

reconciliation.

210

The representative of the United

States argued that the important principle of State

sovereignty could not keep the Council and the

Secretary-General from taking necessary action to

respond to urgent, life-threatening crises.

211

The

representative of Norway added that preventing

conflict and sustaining peace, with the assistance of the

__________________

202

S/PV.7857, p. 4.

203

Ibid., pp. 51–52.

204

Ibid., p. 5 (Sweden); p. 15 (United Kingdom); p. 24

(Senegal); p. 36 (Finland); p. 48 (Ecuador); p. 51

(Canada); p. 70 (Panama); p. 77 (United Arab Emirates);

and p. 89 (Djibouti).

205

Ibid., p. 34.

206

Ibid., p. 11.

207

Ibid., p. 13 (France).

208

Ibid., p. 7 (Italy); p. 9 (Ethiopia); p. 14 (France); p. 15

(United Kingdom); p. 18 (Ukraine); p. 19 (Uruguay);

p. 21 (Russian Federation); and p. 25 (Senegal).

209

Ibid., p. 36 (Finland); and 70 (Panama).

210

Ibid., p. 81 (Slovenia).

211

Ibid., p. 10.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

343

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international community, did not undermine State

sovereignty but strengthened it.

212

The representative

of the Plurinational State of Bolivia, however, stressed

that the Council’s work should be carried out with

commitment and respect for the sovereignty,

independence, unity, territorial integrity,

non-interference in countries’ internal affairs and

equality of all States.

213

At its 8144th meeting, on 20 December 2017,

held under the same item to discuss the sub-item

entitled “Addressing complex contemporary challenges

to international peace and security”, the Council had

before it to a concept note circulated by Japan, which

held the Presidency of the Council during that

month.

214

In his remarks, the representative of Japan

stated that, to more effectively address complex

challenges facing international peace and security, the

Council needed to increase its focus and effectiveness

throughout the whole conflict cycle.

215

In that regard,

the representative of Sweden highlighted the need to

place conflict prevention at the core of the Council’s

actions, and suggested that the United Nations system

enhance its joint analysis and integrated strategic

planning capabilities to address conflict at its early

stages.

216

The representatives of Kazakhstan and Uruguay

underscored the importance of mediation as part of

comprehensive approaches to sustaining peace.

217

The

representatives of Ecuador and Senegal commended

the establishment by the Secretary-General of the

High-level Advisory Board on Mediation.

218

The

representative of the Plurinational State of Bolivia

opined that the implementation of the provisions of

Chapter VII for settling disputes must not be

considered until those under Chapters VI and VIII had

been exhausted, and must be implemented only as a

last resort.

219

The representative of Azerbaijan

maintained that, apart from preventive diplomacy

efforts and the peaceful settlement of disputes and

__________________

212

Ibid., p. 42.

213

Ibid., p. 26.

214

Letter dated 1 December 2017 from the Permanent

Representative of Japan to the United Nations addressed

to the Secretary-General (S/2017/1016).

215

S/PV.8144, p. 4.

216

Ibid., p. 8.

217

Ibid., p. 13 (Kazakhstan); and p. 14 (Uruguay).

218

Ibid., p. 16 (Senegal); and p. 43 (Ecuador).

219

Ibid., p. 9.

conflicts, the most effective deterrent was ensuring a

speedy end to impunity.

220

Case 6

Women and peace and security

On 28 March 2016, the Council held its 7658th

meeting, under the item entitled “Women and peace

and security”. The Council considered the sub-item

entitled “The role of women in conflict prevention and

resolution in Africa”, on the basis of a concept note

circulated by Angola,

221

which held the Presidency

during that month. The representative of Angola stated

that all three major peace and security reviews

launched by the Secretary-General in 2015, including

the global study on the implementation of resolution

1325 (2000), stressed the value added of the women

and peace and security agenda to conflict prevention

and the potential for early warning in gender-sensitive

analysis by identifying the drivers of conflict. She

added that women’s participation in prevention could

take different forms, including direct involvement in

formal peace negotiations, consultative commissions,

public policies, decision-making, national dialogues,

peacebuilding and comprehensive reforms, leading to

democratization processes.

222

Council members and speakers invited under

rules 37 and 39 of the provisional rules of procedure

concurred regarding the clear connection between the

participation of women and the sustainability of peace

processes.

223

The representative of Malaysia

highlighted three areas in which the involvement of

women would greatly enhance conflict-prevention and

resolution, namely, political participation, early

warning mechanisms and building long-term resilience

against conflict.

224

The representative of China called

for encouraging women to become important players in

mediation and fully leverage their advantage in

advocating for a culture of peace.

225

The representative

of France noted that the decision-making power of

__________________

220

Ibid., p. 45.

221

S/2016/219.

222

S/PV.7658, p. 11.

223

Ibid., p. 4 (Assistant Secretary-General for Political

Affairs); p. 11 (Angola); p. 12 (United Kingdom); p. 13

(United States); p. 15 (Uruguay); p. 17 (China); p. 18

(Ukraine); pp. 19–20 (New Zealand); p. 28 (Spain);

pp. 34–35 (Sweden); p. 36 (Australia); p. 44 (Islamic

Republic of Iran, on behalf of NAM); and p. 45

(Morocco).

224

Ibid., p. 20.

225

Ibid., p. 17 (China).

Repertoire of the Practice of the Security Council, 2016–2017

18-12959

344

women in peace processes must be enhanced by

facilitating the participation of civil society.

226

The

representative of Senegal stated that effective women’s

participation in the peace and security agenda required

“synergetic action” among the Security Council and

the other members of the United Nations, including

through coordination between the Informal Expert

Group on Women and Peace and Security and the Ad

Hoc Working Group on Conflict Prevention and

Resolution in Africa.

227

Many speakers also took note

of various African regional efforts, including the

Gender, Peace and Security Programme of the African

Union and the appointment of the Special Envoy of the

Chairperson of the African Union Commission on

Women, Peace and Security.

228

On 27 October 2017, at its 8079th meeting, the

Council held a high-level open debate under the

sub-item “Realizing the promise of the women and

peace and security agenda: ensuring its full

implementation, including the participation of

women”, having before it a concept note circulated by

France, which held the Presidency for the month.

229

Opening the meeting, the Chef de Cabinet referred to

the plan of the Secretary-General to achieve gender

parity across the United Nations and to efforts to

increase the pool of women mediators, including

through the High-level Advisory Board on

Mediation.

230

The representative of France stated that the

participation of women in political processes and in

conflict prevention remained “grossly inadequate”.

231

The majority of speakers reiterated that the

participation of women in peace processes, as well as

in early warning, negotiation, conflict prevention,

resolution, reconciliation and peacebuilding was an

underutilized tool that could contribute to more

comprehensive and sustainable peace agreements.

232

__________________

226

Ibid., p. 26.

227

Ibid., p. 23.

228

Ibid. p. 20 (New Zealand); p. 22 (Senegal); p. 26

(France); p. 27 (Russian Federation); p. 28 (Spain); p. 30

(Kazakhstan); p. 32 (Brazil); p. 35 (European Union);

p. 40 (Ethiopia); p. 41 (Israel); p. 43 (Canada); p. 44

(Islamic Republic of Iran, on behalf of NAM); p. 52

(Algeria); p. 54 (Thailand); and pp. 56–57 (Indonesia).

229

S/2017/889.

230

S/PV.8079, p. 3.

231

Ibid., p. 29.

232

Ibid., p. 11 (Ukraine); p. 13 (Sweden); p. 14 (United

Kingdom); pp. 15–16 (Plurinational State of Bolivia);

p. 17 (Senegal); p. 18 (Italy); p. 20 (United States); p. 22

(Ethiopia); p. 25 (Japan); p. 30 (France); p. 35 (Panama,

The representative of Switzerland commended General

Assembly resolution 70/304 of 26 September 2016, on

the role of mediation, which called upon Member

States to promote the equal, full and effective

participation of women in all forums and at all levels

of the peaceful settlement of disputes and conflict

prevention and resolution.

233

In that connection,

several speakers highlighted the importance of creating

the necessary political space, empowering civil society

and capacity-building.

234

A number of speakers also

cited the joint high-level mission led by the Deputy

Secretary-General with the African Union to the

Democratic Republic of the Congo and Nigeria in July

2017 as a good example of advancing the agenda in

conflict and post-conflict areas.

235

Others reiterated the

importance of gender parity in United Nations

peacekeeping operations and called upon the Council

to ensure that the women and peace and security

agenda remained a priority in that context.

236

B. Relevance of the provisions of

Chapter VI in comparison to the

provisions of Chapter VII

During the period under review, some discussions

in the Council touched upon the distinction between

Chapter VI and Chapter VII of the Charter. This was

the case in connection with the question concerning

Haiti (see case 7).

__________________

on behalf of the Human Security Network); p. 36

(Liechtenstein); p. 41 (Canada, on behalf of the Group of

Friends of Women, Peace and Security); p. 43 (Islamic

Republic of Iran); p. 52 (Belgium); p. 57 (Morocco);

p. 75 (Netherlands); and p. 96 (Portugal).

233

Ibid., p. 59.

234

Ibid., p. 14 (Sweden); p. 17 (Senegal); p. 23 (Ethiopia);

p. 27 (Kazakhstan); p. 36 (Panama, on behalf of the

Human Security Network); and p. 59 (Switzerland).

235

Ibid., p. 14 (Sweden); p. 21 (Egypt); p. 22 (Ethiopia);

and p. 27 (Kazakhstan).

236

Ibid., p. 13 (Sweden); pp. 14–15 (United Kingdom);

p. 20 (United States); p. 21 (Egypt); p. 23 (Russian

Federation); p. 26 (Japan); p. 26 (Kazakhstan); p. 29

(Uruguay); p. 34 (Germany); p. 35 (Guatemala); p. 39

(Nepal); pp. 41–42 (Canada, on behalf of the Group of

Friends of Women, Peace and Security); p. 48 (Brazil);

p. 52 (Belgium); p. 56 (Peru); p. 57 (Argentina); p. 62

(Lithuania, on behalf of Estonia, Latvia and Lithuania);

and p. 63 (Israel).

Part VI. Consideration of the provisions of

Chapter VI of the Charter

345

18-12959

Case 7

The question concerning Haiti

At its 7924th meeting, on 13 April 2017, the

Council, by resolution 2350 (2017), acting under

Chapter VII of the Charter, renewed the mandate of the

United Nations Stabilization Mission in Haiti

(MINUSTAH) for a final period of six months until

15 October 2017 and established the United Nations

Mission for Justice Support in Haiti (MINUJUSTH).

While the resolution was adopted unanimously, the

representatives of the Plurinational State of Bolivia,

China and the Russian Federation questioned the

application of Chapter VII in the context of an

improved situation in Haiti, which had been recognized

by the Council.

237

In particular, the representative of

the Russian Federation affirmed that the mandate of

the Mission was not clear. On the one hand, the

Mission was to carry out the monitoring of human

rights by itself or in support of the Government and, on

the other, the decision was made in line with Chapter

VII, which implied the use of force. He questioned

whether, in spite of the improving situation in Haiti,

the violations of human rights had become a threat to

international peace and security, the only case in which

it could become a situation for consideration by the

Council. He recalled that the Blue Helmets were in

Haiti because of issues unrelated to human rights.

238

The representative of China added that the underlying

tenet of Chapter VII was the maintenance of

international peace and security, which did not involve

human rights. He hoped that the Council would stay

united in supporting the withdrawal of MINUSTAH

and continue to promote stability and development in

Haiti.

239

The representative of the Plurinational State of

Bolivia expressed the view that the reference to

Chapter VII did not properly reflect the reality in the

country, that each reality and set of circumstances were

different and that the language of resolutions needed to

be tailored to those different realities.

240

At the 8005th meeting, on 18 July 2017, the

representative of the Plurinational State of Bolivia

expressed support for the request by the President of

Haiti, conveyed to the Council during its visit in June

2017, to reclassify MINUJUSTH under Chapter VI.

The representative emphasized the need to change the

__________________

237

S/PV.7924, p. 3 (Russian Federation); p. 5 (Plurinational

State of Bolivia); and p. 7 (China).

238

Ibid., p. 3.

239

Ibid., p. 7.

240

Ibid., p. 5.

mandate of the new mission under Chapter VI,

especially as there was no threat to international peace

and security.

241

Participating in the meeting under rule

37 of the provisional rules of procedure, the

representative of Brazil opined that the fact that

MINUJUSTH had been kept under Chapter VII failed

to recognize the significant progress that had been

achieved in Haiti during the 13 years of operation of

MINUSTAH.

242

C. Utilization of Article 35 by a

Member State

Article 35 of the Charter provides that any

Member of the United Nations may bring any dispute,

or any situation which might lead to international

friction or give rise to a dispute, to the attention of the

Security Council or of the General Assembly. In

consideration of the item entitled “Identical letters

dated 19 January 2016 from the Permanent

Representative of Colombia to the United Nations

addressed to the Secretary-General and the President of

the Security Council (S/2016/53)”, the members of the

Council made implicit references to Article 35 in

connection with the decision of the Government of

Colombia to refer to the Council the matter of the

peace process with FARC-EP (see case 8).

Case 8

Identical letters dated 19 January 2016 from

the Permanent Representative of Colombia to

the United Nations addressed to the

Secretary-General and the President of the

Security Council (S/2016/53)

At its 7609th meeting, held on 25 January 2016

under the item entitled “Identical letters dated

19 January 2016 from the Permanent Representative of

Colombia to the United Nations addressed to the

Secretary-General and the President of the Security

Council (S/2016/53)”, the Council unanimously

adopted resolution 2261 (2016) establishing the United

Nations Mission in Colombia as the international

component in the ceasefire and cessation of hostilities

agreement signed between the Government of

Colombia and FARC-EP. While acknowledging that a

decision of a State to refer a situation concerning its

own negotiated peace agreement to the Council was

uncommon, the representatives of France, New

__________________

241

S/PV.8005, p. 15.

242

Ibid., p. 21.

Repertoire of the Practice of the Security Council, 2016–2017

18-12959

346

Zealand and the United Kingdom welcomed the

decision of Colombia to do so.

243

The representative of

the United Kingdom added that this was exactly the

sort of role the United Nations should be playing,

namely, supporting conflict prevention and conflict

resolution alongside others, including members of the

Community of Latin American and Caribbean States.

244

The representative of Ukraine expressed the belief that

the Colombian initiative to engage the United Nations

would help to bring stability to the region and that the

experience should be replicated elsewhere.

245

The

representative of China expressed support for the role

of the United Nations in the peace process, in

accordance with the needs of the Government of

Colombia, on the basis of respect for its sovereignty,

independence and territorial integrity.

246

Concluding the meeting, the Minister for Foreign

Affairs of Colombia expressed the view that the

Council’s decision to support the Colombian peace

process was a demonstration of its commitment to the

peaceful settlement of disputes, and an opportunity for

the United Nations and the international community to

enjoy success by supporting the implementation of an

agreement being resolved by national stakeholders

through negotiation and dialogue.

247

D. Utilization of Article 99 by the

Secretary-General

Article 99 of the Charter stipulates that the

Secretary-General may bring to the attention of the

Security Council any matter which in his opinion may

threaten the maintenance of international peace and

security. In the discussions of the Council presented

below, Member States encouraged the Secretary-

General to fully exercise his power under Article 99

and to strengthen the effectiveness of his good offices.

References to the multiple tools available to the

Secretary-General under Article 99 were discussed in

connection with the item entitled “Maintenance of

international peace and security”, as described in cases

9 and 10.

__________________

243

S/PV.7609, p. 2 (United Kingdom); p. 6 (France); and

p. 7 (New Zealand).

244

Ibid., p. 2.

245

Ibid., p. 8.

246

Ibid., p. 6.

247

Ibid., p. 10.

Case 9

Maintenance of international peace

and security

On 15 February 2016, at its 7621st meeting, the

Council held an open debate on the sub-item entitled

“Respect for the principles and purposes of the Charter

of the United Nations as a key element for the

maintenance of international peace and security”. At

the meeting the Secretary-General pointed out that

Article 99 of the Charter was formally invoked only

rarely, but that did not mean it was no longer operative

or relevant or that it could not be invoked in the future,

and that it remained a key mechanism. He added that

whether or not Article 99 was formally invoked might

be secondary, and that it was first and foremost the

responsibility of the Secretariat to alert the Council

when there were situations that required its

engagement.

248

In connection with the role of the General

Assembly under Article 11 and the role of the

Secretary-General under Article 99 in bringing to the

attention of the Council matters related to the

maintenance of international peace and security, the

representative of Algeria stated that those roles were

not always and not sufficiently carried out, thus

diminishing the effectiveness of the United Nations.

249

Participating under rule 37 of the provisional rules of

procedure, the representative of the United Arab

Emirates agreed, expressing the view that the greater

use of Article 99 would be welcomed, not instead of

Council engagement, but alongside it.

250

The

representative of Costa Rica pointed out that the

Charter granted the Secretary-General an early warning

prerogative, and stated that it was an obligation and

responsibility, given his access to relevant information

and his strategic position, to warn the Council in a

timely manner so that it could take the appropriate

preventative measures.

251

In respect of good offices,

the representative of Cyprus specifically acknowledged

the negotiation process concerning Cyprus under the

auspices of the Secretary-General and expressed hope

for its successful conclusion.

252

At the 7857th meeting, on 10 January 2017,

during the high-level open debate in connection with

the sub-item “Conflict prevention and sustaining

__________________

248

S/PV.7621, p. 3.

249

Ibid., p. 57.

250

Ibid., p. 70.

251

Ibid., p. 82.

252

Ibid., p. 76.

Part VI. Consideration of the provisions of

Chapter VI of the Charter

347

18-12959

peace”, several Council members and invitees

participating under rules 37 and 39 of the provisional

rules of procedure referred to the need to fully

empower the Secretary-General to utilize the conflict

prevention tools at his disposal, including his good

offices role and the bringing of matters to the Council’s

attention under Article 99 of the Charter.

253

The

representative of Australia stated that independent,

frank advice to the Council should be a key role for the

Secretary-General and of the Secretariat broadly.

254

A

number of speakers highlighted horizon-scanning

briefings by the Secretariat as an important conflict

prevention tool for the Council.

255

The representative

of Portugal also referred to the utility of Arria-formula

and informal interactive dialogue meetings of the

Council, as well as open debates.

256

The representative

of France opined that the regular reports of the High

Commissioner for Human Rights and the Special

Adviser on the Prevention of Genocide were extremely

useful for the Council’s work and underlined the need

for the Council to make more systematic use of

information provided via those channels.

257

Case 10

Maintenance of international peace

and security

On 12 October 2017, at its 8069th meeting, the

Council held an open debate on the risk of famine in

South Sudan, Somalia, Yemen and north-eastern

Nigeria. Opening the debate, the Secretary-General

stated that he had expressed his deep concern about the

__________________

253

S/PV.7857, p. 7 (Kazakhstan); p. 9 (Ethiopia); p. 11

(United States); p. 15 (United Kingdom); p. 16 (Japan);

p. 18 (Ukraine); p. 32 (Netherlands); pp. 45–46

(Lebanon); p. 47 (European Union); p. 50 (Australia);

p. 51 (Canada); and p. 72 (Kuwait).

254

Ibid., p. 50.

255

Ibid., p. 16 (Japan); p. 28 (Poland); p. 36 (Finland) p. 37

(Germany); p. 39 (Brazil); p. 47 (European Union); p. 55

(Estonia); and p. 79 (Portugal).

256

Ibid., p. 79.

257

Ibid., p. 13.

risk of famine in those countries in two letters sent to

Member States nine months earlier, in which he called

for urgent action and support for humanitarian and

development agencies.

258

During the discussion, several Council members

commended the call to action by the Secretary-General

to avert a humanitarian disaster.

259

The representative

of Sweden stated that this type of interaction between

the Council and the Secretary-General, with prevention

at its heart, presented a model for the future,

particularly as humanitarian crises were increasingly

being driven by conflict.

260

The representatives of

Egypt and Italy paid tribute to the spirit of initiative

and leadership shown by the Secretary-General, who

exercised his function of providing early warning to

the Council in his letters.

261

The representative of the

Plurinational State of Bolivia stated that the Council

must take preventive measures on the basis of early

warnings issued by the Secretary-General, as such

crises had humanitarian consequences and could lead

to famine.

262

The representative of Japan recalled the

presidential statement issued on 9 August 2017,

263

in

which the Council requested the Secretary-General to

provide early warning when a conflict having

devastating humanitarian consequences and hindering

an effective humanitarian response risked leading to an

outbreak of famine.

264

He added that the Council

continued to count on the efforts of the Secretary-

General in that regard so that it could swiftly and

effectively address the risk of famine and link its

efforts to the goal of achieving long-term peace and

security.

265

__________________

258

S/PV.8069, p. 2.

259

Ibid., p. 7 (Senegal); p. 8 (Kazakhstan); p. 9 (China);

p. 13 (Italy); p. 14 (Plurinational State of Bolivia); and

p. 14 (Egypt).

260

Ibid., p. 4.

261

Ibid., p. 13 (Italy); and p. 14 (Egypt).

262

Ibid., p. 14.

263

S/PRST/2017/14.

264

S/PV.8069, pp. 16–17.

265

Ibid., p. 17.