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Most post conflict situations have what one might call a rule of law vacuum.

We therefore welcome the Secretary General's proposal to create a dedicated Rule of Law Assistance Unit in the proposed Peacebuilding Support Office to assist national efforts to re establish the rule of law in conflict and post conflict societies.

That report highlighted key issues and lessons learned from the Organization's experiences in the promotion of justice and the rule of law in conflict and post conflict societies.

UNDP and academic institutions in Darfur contribute to the reconciliation programme through a rule of law seminar series fostering dialogue on the rule of law and peaceful conflict resolution.

This Unit would draw heavily on existing resources within the system and would assist national efforts to re establish the rule of law in conflict and post conflict societies.

In the early post conflict phase, funding for national institution building, including rule of law programmes, is often inadequate.

Among those debates cited as particularly productive were those on the protection of civilians in armed conflict, on the rule of law and transitional justice, and on conflict prevention in Africa.

It organized a human rights seminar for judges in Qatar in May 2004 and a high level workshop on the rule of law tools for post conflict States in September 2004. It also helped in the creation of seven draft rule of law policy tools for post conflict States.

Reforming the rule of law and re establishing criminal justice systems have become even more essential to post conflict societies.

In addition, the initiative to create within the Secretariat a Rule of Law Assistance Unit to cooperate with national initiatives to restore the rule of law in societies that have been or are still in conflict is a very positive one that will make it possible to enhance our approach to issues of the rule of law and reconciliation in the post conflict phase.

On 6 October 2004, the Security Council held an open meeting to discuss my report on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616).

That will help contribute to our common objective of ending impunity and establishing the rule of law in post conflict or crisis situations.

The instruments of peacebuilding and the emphasis on rule of law and human rights can also be directly relevant to pre conflict situations.

Addressing the rule of law, the report recognized that creating and sustaining stability in a post conflict environment required that the causes of conflict should be addressed and that local rule of law capacities should be strengthened, and that a United Nations peacekeeping mission might be mandated to provide advice and assistance in that regard.

It is becoming increasingly accepted that a breakdown in rule of law and increasing violations of human rights are reliable indicators of impending conflict.

Our first and most important rule is that the mere outbreak of armed conflict (whether declared war or not) does not ipso facto terminate or suspend treaties in force between parties to the conflict.

It is therefore important that we examine how best we can promote peace and the sustained rule of law in post conflict societies.

United Nations peace support activities are aimed at promoting a peaceful environment and the rule of law to help prevent relapses into conflict.

Weak social protection, exacerbated by long term civil conflict and the breakdown of the rule of law, magnifies the vulnerability and insecurity of poor people.

The human rights component, working closely with the rule of law component and other international partners, would also assist national stakeholders in the development of a transitional justice strategy in accordance with the lessons learned and experience identified in my report on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616).

This rule requires, in particular, that the parties to a conflict minimize the dangers to civilians arising from military operations.

In light of the effects of cluster munitions both during and after conflict, the rule on feasible precautions is particularly important when using these weapons.

To help the United Nations realize its potential in this area, I intend to create a dedicated Rule of Law Assistance Unit, drawing heavily on existing staff within the United Nations system, in the proposed Peacebuilding Support Office (see sect. V below) to assist national efforts to re establish the rule of law in conflict and post conflict societies.

Our work on transitional justice is being developed in the context of the Secretary General's first report to the Security Council on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616).

Rule of distinction The parties to the conflict must at all times distinguish between civilians and combatants and between civilian objects and military objectives.

As I outlined in my report on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616), we lack appropriate assessment and planning capacities, both in the field and at Headquarters.

UNODC also made contributions to the conceptualization and preparation of the report of the Secretary General on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616) considered in October 2004 by the Security Council.

Programmes to support the rule of law cover a broad range of United Nations activities, in both post conflict environments and development work (ibid., para. 134).

It has been deemed preferable to have the rule depend upon and be linked with the case of a conflict between the two categories of obligations.

UNDP international rule of law programme officers are present in the south, Darfur, and the three conflict areas, and are being deployed to the east.

Acknowledging also that, with its significant expertise in the field of human rights, democratic institutions and the rule of law, the Council of Europe is also promoting the prevention of conflict and long term post conflict peace building through political and institutional reform,

Stresses that countries emerging from conflict may have special needs in addressing legacies of human rights violations and in moving towards democratic governance and the rule of law

In the modern world, with its system of multilateral relations, there was no longer any legal justification for derogations from the rule of law during an armed conflict.

The Council stressed the importance and urgency of restoring justice and the rule of law in post conflict societies, not only to help them come to terms with past abuses, but also to promote national reconciliation and prevent a return to conflict.

Acknowledging also that, with its significant expertise in the field of human rights, democratic institutions and the rule of law, the Council of Europe is contributing to conflict prevention, confidence building and long term post conflict peace building through political, legal and institutional reform,

Acknowledging also that, with its significant expertise in the field of human rights, democratic institutions and the rule of law, the Council of Europe is contributing to conflict prevention, confidence building and long term post conflict peace building through political, legal and institutional reform,

Strengthening the rule of law in the wake of conflict is not only an investment for the recovery of the country but, by addressing the grave injustices of war and the root causes of conflict, can also help in preventing the hostilities from returning in the future.

Malanczuk made an interesting point as to the new view that armed conflict does not ipso facto terminate treaties, arguing that m aybe it is not so much the rule which has changed, as the nature of the treaties to which the rule applies.

The Cold War, the third major conflict of the twentieth century, is no exception to this rule. All three phases can be identified, and all three triggered intense debate.

4. Encourages further efforts of the Organization for Security and Cooperation in Europe to foster security and stability in its region through early warning, conflict prevention, crisis management and post conflict rehabilitation, as well as through continued promotion of democracy, the rule of law, human rights and fundamental freedoms

4. Encourages further efforts of the Organization for Security and Cooperation in Europe to foster security and stability in its region through early warning, conflict prevention, crisis management and post conflict rehabilitation, as well as through continued promotion of democracy, the rule of law, human rights and fundamental freedoms

Notes with interest Commission on Human Rights resolution 2005 70 of 20 April 2005 on human rights and transitional justice and the report of the Secretary General on the rule of law and transitional justice in conflict and post conflict societies (S 2004 616), including relevant recommendations contained therein

After arguing on the basis of the IDI resolution that the outbreak of an armed conflict does not ipso facto terminate or suspend the operation of treaties in force between the parties to the armed conflict,' the brief argued that this rule was specifically applicable to environmental treaties.

As a rule, women and children are the main victims of armed conflict, because conflicts confine them to places where they have no access to their basic needs for survival.