Rape and Abuse of Women in the Areas of Armed Conflict in the Former Yugoslavia

A/RES/49/205No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1995.

What other versions does this mandate have?

3 versions · 1994–1997

This is an older version — the most recent is A/RES/51/115

1997A/RES/51/115Rape and abuse of women in the areas of armed conflict in the former YugoslaviaLatestCompare with previous version
1995A/RES/49/205Rape and abuse of women in the areas of armed conflict in the former YugoslaviaCompare with previous version
1994A/RES/48/143Rape and abuse of women in the areas of armed conflict in the former Yugoslavia

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What does this mandate say?

18 operative paragraphs

Strongly condemns the continuing abhorrent practice of rape and abuse of women and children in the areas of armed conflict in the former Yugoslavia, which constitutes a war crime;

Expresses its outrage that the continuing and systematic practice of rape is being used as a weapon of war and an instrument of ethnic cleansing against women and children in Bosnia and Herzegovina;

Demands that those involved immediately cease those outrageous acts, which are in gross violation of international humanitarian law, including the Geneva Conventions of 12 August 1949 7/ and the Additional Protocols thereto, of 1977, 8/ and take immediate action to ensure the enjoyment of human rights and fundamental freedoms in accordance with their obligations under those instruments and other applicable international human rights instruments;

Urges all Member States to take joint and separate action, in cooperation with the United Nations, to bring about an end to that despicable practice;

Condemns the continuous and persistent denial of access by the Bosnian Serb forces to the Special Rapporteur of the Commission on Human Rights, the Special Representative of the Secretary-General, the Office of the United Nations High Commissioner for Refugees and the United Nations Protection Force, as well as other relevant humanitarian and human rights organizations, in the Serb-held areas, in particular Banja Luka, Bijeljina and other areas of concern, and demands that immediate and unimpeded access be granted, and in this context welcomes Security Council resolution 941 (1994) of 23 September 1994;

Reaffirms that all persons who perpetrate or authorize crimes against humanity or other violations of international humanitarian law are individually responsible for those violations and that those in positions of authority who have failed to ensure that persons under their control comply with the relevant international instruments are accountable, together with the perpetrators;

Declares that rape is a heinous crime and encourages the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 to give due priority to the cases of the victims of rape in the areas of armed conflict in the former Yugoslavia, in particular in Bosnia and Herzegovina;

Urges Member States to exert every effort to bring to justice, in accordance with internationally recognized principles of due process, all those individuals directly or indirectly involved in those outrageous international crimes;

Urges the Chief Prosecutor of the International Tribunal to consider the appointment to his office of experts in the prosecution of crimes of sexual violence, as recommended in its resolution 48/153 of 20 December 1993;

Calls upon States to put experts, including experts in the prosecution of crimes of sexual violence, at the disposal of the Chief Prosecutor and the International Tribunal;

Encourages the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia to continue to pay particular attention to the widespread occurrence of rape, particularly in Bosnia and Herzegovina, and acknowledges the work done by his team of female experts;

Urges all States and relevant organizations to give immediate and serious consideration to the recommendations of the Special Rapporteur in his reports, in particular the recommendation for the provision of the continuation of necessary medical and psychological care of victims of rape within the framework of programmes to rehabilitate women and children traumatized by war;

Calls upon all States to cooperate with the International Tribunal and the Office of the Prosecutor in the investigation and prosecution of persons accused of using rape as a weapon of war and in the provision of protection, counselling and support to victims and witnesses;

Recognizes the extraordinary suffering of the victims of rape and sexual violence and the necessity for an appropriate response to provide assistance to those victims, and expresses its concern, in particular, for the welfare of those victims who are at present among the internally displaced or otherwise affected by the war, and who have experienced severe trauma and require psychosocial and other assistance;

Urges all States and all relevant intergovernmental and non-governmental organizations, including the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees and the World Health Organization, to continue to provide to the victims of such rape and abuse appropriate assistance for their physical and mental rehabilitation and to extend their support to the community-based assistance programmes;

Requests the Secretary-General to provide such necessary means as are available to him in the area to enable any future missions to have free and secure access to places of detention;

Also requests the Secretary-General to submit an updated and substantive report no later than 1 March 1995 on the issue of rape and abuse of women in the areas of armed conflict in Bosnia and Herzegovina, in particular in those areas where access is being denied to the Special Rapporteur, and on the measures taken towards implementation of the present resolution;

Decides to continue the consideration of this question at its fiftieth session.

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Rape and Abuse of Women in the Areas of Armed Conflict in the Former Yugoslavia

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