United Nations Security Council Resolution 1539
Encyclopedia
United Nations
Security Council Resolution
1539, adopted unanimously on April 22, 2004, after recalling resolutions 1261
(1999), 1308
(2000), 1314
(2000), 1325 (2000), 1379
(2001) and 1460
(2003), the Council condemned the use of child soldiers
and asked the Secretary-General to devise a monitoring mechanism.
The resolution marked the first time the Council had broadened the protection framework by identifying other categories of violations against children.
, though noted some advances in the areas of advocacy and norms and standards. It called on states to end impunity
and to prosecute those responsible for genocide
, crimes against humanity, war crime
s and others. The Council reiterated its commitment to address the impact of conflict on children and emphasised the importance of unimpeded access to children affected by armed conflict. Furthermore, it noted that enlisting children under the age of 15 into the national armed forces was classified as a war crime under the Rome Statute of the International Criminal Court
, and that the Optional Protocol to the Convention on the Rights of the Child
required a minimum age of 18 to be set for compulsory recruitment in hostilities.
The preamble of the resolution also stressed the Council's determination to ensure respect for international standards for the protection of children.
, sexual violence
, abduction
, forced displacement, denial of humanitarian access, attacks against schools and hospitals, child trafficking, forced labour and slavery
. The Secretary-General Kofi Annan
was asked to devise a comprehensive monitoring mechanism within three months on the recruitment and use of child soldiers and abuses committed against children. At the same time, the Council expressed its intention to consider further measures to end the link between the illegal trade of resources, arms trafficking, cross-border abduction, recruitment and armed conflict. All concerned parties were urged to respect international obligations applicable to them.
The Council was concerned at the continued recruitment of child soldiers by certain parties and called upon the parties to have plans ready in three months to end the use and recruitment of child soldiers, requested the Secretary-General to regularly review their compliance and expressed the intention to impose further measures against parties or countries that had not co-operated, such as arms embargo
es. Meanwhile, it was decided to keep provisions specifically relating to the protection of children in the mandates
of peacekeeping
operations, including the deployment of child protection advisers. Such provisions for children would also be included in disarmament
, demobilisation
and reintegration
programmes, and the Council emphasised that education would play an important role in the prevention of the recruitment of children in armed conflict.
Furthermore, the resolution requested the United Nations to implement HIV
/AIDS
education, testing and counselling services. It welcomed arrangements by regional and subregional organisations such as the European Union
and Economic Community of West African States
(ECOWAS) for the protection of children, encouraging the mainstreaming of such policies through advocacy, policies and programmes, developing monitoring mechanisms, establishing child protection mechanisms and the inclusion of child protection staff. The Council encouraged the strengthening of regional and local institutions.
Finally, the Secretary-General was urged to ensure that the protection of children was given consideration in his future reports to the Council, and was requested to report by October 31, 2004 on the implementation of resolutions 1379 and 1460, including progress on a monitoring mechanism.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1539, adopted unanimously on April 22, 2004, after recalling resolutions 1261
United Nations Security Council Resolution 1261
United Nations Security Council Resolution 1261, adopted unanimously on August 25, 1999, in the first resolution to address the topic, the Council condemned the targeting of children in armed conflict including the recruitment and use of child soldiers....
(1999), 1308
United Nations Security Council Resolution 1308
United Nations Security Council Resolution 1308, adopted unanimously on July 17, 2000, in the first resolution to address the impact of HIV/AIDS worldwide, the Council asked countries to consider voluntary HIV/AIDS testing and counselling for troops deployed in peacekeeping operations.Speaking...
(2000), 1314
United Nations Security Council Resolution 1314
United Nations Security Council Resolution 1314, adopted unanimously on August 11, 2000, after recalling Resolution 1261 on children and armed conflict and other resolutions including 1265 , 1296 and 1306 , the Council expressed concern at the impact of conflict upon children and the use of child...
(2000), 1325 (2000), 1379
United Nations Security Council Resolution 1379
United Nations Security Council Resolution 1379, adopted unanimously on November 20, 2001, after recalling resolutions 1261 , 1265 , 1296 , 1306 , 1308 , 1314 and 1325 , the Council considered provisions to protect children during peacekeeping operations and requested the Secretary-General to...
(2001) and 1460
United Nations Security Council Resolution 1460
United Nations Security Council Resolution 1460, adopted unanimously on January 30, 2003, after recalling resolutions 1261 , 1265 , 1296 , 1306 , 1308 , 1314 , 1325 and 1379 , the Council called for the immediate end to the use of child soldiers and endorsed an "era of application" of...
(2003), the Council condemned the use of child soldiers
Military use of children
The military use of children takes three distinct forms: children can take direct part in hostilities , or they can be used in support roles such as porters, spies, messengers, look outs, and sexual slaves; or they can be used for political advantage either as human shields or in...
and asked the Secretary-General to devise a monitoring mechanism.
The resolution marked the first time the Council had broadened the protection framework by identifying other categories of violations against children.
Observations
The Security of the Council remained concerned over the lack of progress towards the protection of children affected by armed conflictWar
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, though noted some advances in the areas of advocacy and norms and standards. It called on states to end impunity
Impunity
Impunity means "exemption from punishment or loss or escape from fines". In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress...
and to prosecute those responsible for genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity, war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s and others. The Council reiterated its commitment to address the impact of conflict on children and emphasised the importance of unimpeded access to children affected by armed conflict. Furthermore, it noted that enlisting children under the age of 15 into the national armed forces was classified as a war crime under the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
, and that the Optional Protocol to the Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
required a minimum age of 18 to be set for compulsory recruitment in hostilities.
The preamble of the resolution also stressed the Council's determination to ensure respect for international standards for the protection of children.
Acts
The resolution began by condemning the use and recruitment of child soldiers, the killing and maiming of children, rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, sexual violence
Sexual violence
Sexual violence occurs throughout the world, although in most countries there has been little research conducted on the problem. Due to the private nature of sexual violence, estimating the extent of the problem is difficult...
, abduction
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, forced displacement, denial of humanitarian access, attacks against schools and hospitals, child trafficking, forced labour and slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
. The Secretary-General Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
was asked to devise a comprehensive monitoring mechanism within three months on the recruitment and use of child soldiers and abuses committed against children. At the same time, the Council expressed its intention to consider further measures to end the link between the illegal trade of resources, arms trafficking, cross-border abduction, recruitment and armed conflict. All concerned parties were urged to respect international obligations applicable to them.
The Council was concerned at the continued recruitment of child soldiers by certain parties and called upon the parties to have plans ready in three months to end the use and recruitment of child soldiers, requested the Secretary-General to regularly review their compliance and expressed the intention to impose further measures against parties or countries that had not co-operated, such as arms embargo
Arms embargo
An arms embargo is an embargo that applies to weaponry. It may also include "dual use" items. An arms embargo may serve one or more purposes:# to signal disapproval of behavior by a certain actor,# to maintain neutral standing in an ongoing conflict, or...
es. Meanwhile, it was decided to keep provisions specifically relating to the protection of children in the mandates
Mandate (international law)
In international law, a mandate is a binding obligation issued from an inter-governmental organization like the United Nations to a country which is bound to follow the instructions of the organization....
of peacekeeping
Peacekeeping
Peacekeeping is an activity that aims to create the conditions for lasting peace. It is distinguished from both peacebuilding and peacemaking....
operations, including the deployment of child protection advisers. Such provisions for children would also be included in disarmament
Disarmament
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
, demobilisation
Demobilization
Demobilization is the process of standing down a nation's armed forces from combat-ready status. This may be as a result of victory in war, or because a crisis has been peacefully resolved and military force will not be necessary...
and reintegration
Social integration
Social integration, in sociology and other social sciences, is the movement of minority groups such as ethnic minorities, refugees and underprivileged sections of a society into the mainstream of societies...
programmes, and the Council emphasised that education would play an important role in the prevention of the recruitment of children in armed conflict.
Furthermore, the resolution requested the United Nations to implement HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
/AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
education, testing and counselling services. It welcomed arrangements by regional and subregional organisations such as the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and Economic Community of West African States
Economic Community of West African States
The Economic Community of West African States is a regional group of fifteen West African countries. Founded on 28 May 1975, with the signing of the Treaty of Lagos, its mission is to promote economic integration across the region....
(ECOWAS) for the protection of children, encouraging the mainstreaming of such policies through advocacy, policies and programmes, developing monitoring mechanisms, establishing child protection mechanisms and the inclusion of child protection staff. The Council encouraged the strengthening of regional and local institutions.
Finally, the Secretary-General was urged to ensure that the protection of children was given consideration in his future reports to the Council, and was requested to report by October 31, 2004 on the implementation of resolutions 1379 and 1460, including progress on a monitoring mechanism.
See also
- List of international instruments relevant to the worst forms of child labour
- List of United Nations Security Council Resolutions 1501 to 1600 (2003 – 2005)