The General Assembly,
Guided by the purposes and principles of the Charter of
the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights, the Convention on
the Prevention and Punishment of the Crime of Genocide, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention on the Rights
of the Child and other instruments of human rights and international
humanitarian law, including the Geneva Conventions of 12 August
1949 and the Additional Protocols thereto, of 1977,
Recalling its resolution 3074 (XXVIII) of 3 December 1973,
entitled "Principles of international cooperation in the
detection, arrest, extradition and punishment of persons guilty
of war crimes and crimes against humanity",
Taking note of Commission on Human Rights resolution 1994/77
of 9 March 1994, entitled "Rape and abuse of women in the
territory of the former Yugoslavia", and recalling General
Assembly resolution 48/143 of 20 December 1993, entitled "Rape
and abuse of women in the areas of armed conflict in the former
Yugoslavia",
Appalled at the continuing and substantiated reports of
widespread rape and abuse of women and children in the areas of
armed conflict in the former Yugoslavia, in particular its use
by Serbian forces against Muslim women and children in Bosnia
and Herzegovina and other non-Serbs,
Reaffirming the relevant Security Council resolutions,
in particular resolution 798 (1992) of 18 December 1992, in which,
inter alia, the Council strongly condemned those acts of unspeakable
brutality,
Welcoming the reports and recommendations of the Special
Rapporteur of the Commission on Human Rights on the situation
of human rights in the territory of the former Yugoslavia,
Taking note with deep concern of the reports on the findings
of the Special Rapporteur regarding rape and abuse of women in
the territory of the former Yugoslavia, particularly in Bosnia
and Herzegovina,
Convinced that this heinous practice constitutes a deliberate
weapon of war in fulfilling the policy of ethnic cleansing carried
out by Serbian forces in Bosnia and Herzegovina, and recalling
its resolution 47/121 of 18 December 1992, in which it stated,
inter alia, that the abhorrent policy of ethnic cleansing was
a form of genocide,
Welcoming the fact that the proceedings of 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 have now begun,
and, in this context, encouraging the provision of all resources
necessary, including full funding as well as voluntary contributions
from States and intergovernmental and non-governmental organizations,
so that the Tribunal can conduct, without any interference and
further delay, its stipulated functions of trying those accused
of and punishing those responsible for the perpetration of violations
of international law,
Desirous of ensuring that persons accused of upholding
and perpetrating rape and sexual violence as a weapon of war in
the areas of armed conflict in the former Yugoslavia will be brought
to justice by the International Tribunal where appropriate and
without further delay,
Underlining, in this context, the need for the protection
of the rape victims and the provision to them of effective guarantees
of privacy and confidentiality, and desirous of facilitating their
participation in the proceedings of the International Tribunal
and ensuring that further traumatization will be prevented,
Stressing the need for further development and strengthening
of a programme for protection of witnesses and survivors of sexual
abuse and rape as a war crime who provide testimonies, in order
to provide effective protection against retribution, and in this
context expressing its support for the Victims and Witnesses Unit
of the International Tribunal,
Deeply alarmed at the situation facing victims of rape
in the conflicts in different parts of the world, in particular
in Bosnia and Herzegovina, and the continuing use of rape as a
weapon of war,
Noting with appreciation the work of the Office of the
United Nations High Commissioner for Refugees, humanitarian organizations
and non-governmental organizations aimed at supporting the victims
of rape and abuse and alleviating their suffering,
Taking into account Commission on the Status of Women resolution
38/9 of 18 March 1994,
Taking note of the report of the Secretary-General submitted
pursuant to resolution 48/143,
1. 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;
2. 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;
3. 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 and the Additional Protocols thereto, of 1977, 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;
4. 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;
5. 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;
6. 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;
7. 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;
8. 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;
9. 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;
10. 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;
11. 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;
12. 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;
13. 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;
14. 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;
15. 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;
16. 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;
17. 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;
18. Decides to continue the consideration of this question
at its fiftieth session.
94th plenary meeting
23 December 1994