Equipo Nizkor - S/2016/846 - Draft resolution tabled by France and Spain on Syria.

United Nations
Security Council

S/2016/846

Distr.: General
8 October 2016
Original: English

Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Morocco, Netherlands, Norway, Poland, Portugal, Qatar, Romania, San Marino, Saudi Arabia, Senegal, Slovakia, Slovenia, Spain, Sweden, Turkey, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland and United States of America: draft resolution

The Security Council,

Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2175 (2014), 2191 (2014), 2209 (2015), 2254 (2015), 2258 (2015) and 2268 (2016),

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

Gravely distressed by the continued deterioration of the devastating humanitarian situation in Syria, and the fact that now more than 13.5 million people are in need of humanitarian assistance in Syria, and that about 6.1 million people are internally displaced (in addition to the half a million Palestinian refugees who had settled in Syria), several hundred thousands of people are suffering in besieged areas,

Expressing outrage at the alarming number of civilian casualties caused by escalating level of violence and intensified campaigns, in recent days, of indiscriminate aerial bombings in Aleppo and recalling in this regard the statements made on 25th September by the Secretary-General's Special Envoy for Syria, Staffan de Mistura, reporting a situation in eastern Aleppo that "deteriorates to new heights of horror", as well as by Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O'Brien, on 29th September, reporting a situation of "now besieged eastern Aleppo",

Strongly condemning the increased terrorist attacks resulting in numerous casualties and destruction carried out by the control of Islamic State in Iraq and the Levant (ISIL, also known as Da'esh), Al Nusrah Front (ANF) and all other individuals, groups, undertakings and entities associated with Al Qaeda or ISIL (also known as Daesh), and other terrorist groups, as designated by the Security Council, and reiterating its call on all parties to commit to putting an end to terrorist acts perpetrated by such organizations and individuals while reaffirming that terrorism in all its forms constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever, and by whomsoever committed,

Gravely concerned at the lack of effective implementation of its resolutions 2139 (2014), 2165 (2014), 2191 (2014) and 2258 (2016) and recalling in this regard the legal obligations of all parties under international humanitarian law and international human rights law, as well as all the relevant decisions of the Security Council, including by ceasing all attacks against civilians and civilian objects, including those involving attacks on schools, medical facilities and the deliberate interruptions of water supply, the indiscriminate use of weapons, including artillery, barrel bombs and air strikes, indiscriminate shelling by mortars, car bombs, suicide attacks and tunnel bombs, as well as the use of starvation of civilians as a method of combat, including by the besiegement of populated areas, and the widespread use of torture, ill-treatment, arbitrary executions, extrajudicial killings, enforced disappearances, sexual and gender -based violence, as well as all grave violations and abuses committed against children,

Taking note of the decision of the Secretary-General to establish an internal United Nations Board of Inquiry on the incident involving bombing of a United Nations-Syrian Arab Red Crescent relief operation to Urum al-Kubra, Syria, on 19 September 2016, urging all parties concerned to cooperate fully with the Board and underlining the importance of completing the investigation without delay with a view to hold the perpetrators accountable,

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

Emphasizing that the humanitarian and human rights situation in Syria continues to constitute a threat to peace and security in the region, and will continue to deteriorate further in the absence of a political solution to the crisis, and stressing in this regard that there is no military solution to the conflict in Syria,

Reaffirming its intent, expressed in its resolution 2258 (2015) to take further measures in the event of non-compliance with this resolution or resolutions 2139 (2014), 2165 (2014) and 2191 (2014),

Taking note of the efforts undertaken in the framework of the International Syria Support Group to implement a cessation of hostilities in Syria and to facilitate humanitarian access and assistance, and recalling its resolution 2268 urging all Member States, especially members of the International Syria Support Group, to support efforts to create conditions for a durable and lasting ceasefire,

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

1. Demands that all parties to the Syrian conflict, in particular the Syrian authorities, immediately comply with their obligations under international humanitarian law and international human rights law as applicable, including with respect to all besieged and hard-to-reach areas, and fully and immediately implement all the provisions of Security Council resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2199 (2015), 2254 (2015), 2258 (2015) and 2268 (2016), and recalls that those violations and abuses committed in Syria that may amount to war crimes and crimes against humanity shall not go unpunished;

2. Urges immediate implementation of the cessation of hostilities as well as immediate, safe and unhindered humanitarian access throughout Syria;

3. Demands that all parties immediately end all aerial bombardments of and military flights over Aleppo city;

4. Calls on all parties to prevent material and financial support from reaching individuals, groups, undertakings and entities associated with Al Qaeda or ISIL (also known as Daesh), and other terrorist groups, as designated by the Security Council, and urges members of the International Syria Support Group to dissuade any party from fighting in collaboration with them;

5. Underlines the need for an enhanced monitoring of the respect of the cessation of hostilities under the supervision of the United Nations, requests the Secretary-General to propose options to this effect, with a view to a swift implementation, and encourages all member States, especially the members of the International Syria Support Group, to increase their contribution to the information of the monitoring mechanism;

6. Demands all parties to comply with United Nations and their implementing partners requests for humanitarian access including by observing the cessation of hostilities as described in resolution 2268 (2016), and ending all bombardments of and military flights over Aleppo city, in order to facilitate safe and unhindered humanitarian access including to all of Aleppo by the United Nations and their implementing partners, recognizing this requires a sustained absence of violence as determined sufficient by the United Nations and their implementing partners to allow humanitarian assistance;

7. Underlines that humanitarian access should be to the full number of people in need as identified by the United Nations and their implementing partners, with the full spectrum of humanitarian assistance as determined by the United Nations and their implementing partners, and evacuation of urgent medical cases should be facilitated by all sides based solely on urgency and need;

8. Requests further the Secretary-General to report to the Council on the implementation of this resolution, by all parties to the Syrian domestic conflict, every two weeks;

9. Reiterates that the only sustainable solution to the current crisis in Syria is through an inclusive and Syrian-led political process that meets the legitimate aspirations of the Syrian people, with a view to full implementation of the Geneva Communique of 30 June 2012 as endorsed by resolution 2118 (2013), including through the establishment of an inclusive transitional governing body with full executive powers, which shall be formed on the basis of mutual consent while ensuring continuity of governmental institutions, as well as full implementation of resolutions 2254 (2015) and 2268 (2016);

10. Expresses in this regard its fullest support for the Special Envoy's efforts towards a full implementation of resolution 2254 (2015) and urges all parties to the Syrian domestic conflict to cooperate constructively and in good faith with the Special Envoy to this end, especially with a view to immediately address the situation in Aleppo;

11. Expresses its intent to take further measures under the Charter of the United Nations in the event of non-compliance with this resolution by any party to the Syrian domestic conflict;

12. Decides to remain actively seized of the matter.

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08Oct16

Draft resolution tabled by France and Spain on Syria