A/HRC/42/49
Risk factor 2. Record of serious violations of international human rights and
humanitarian law
a)
Past or present serious restrictions to or violations of international human
rights and humanitarian law, particularly if assuming an early pattern of conduct and if
targeting protected groups, populations or individuals;
b)
incitement;
Past acts of genocide, crimes against humanity, war crimes or their
c)
Policy or practice of impunity for or tolerance of serious violations of
international human rights and humanitarian law, of atrocity crimes, or of their incitement;
d)
Inaction, reluctance or refusal to use all possible means to stop planned,
predictable or ongoing serious violations of international human rights and humanitarian
law or likely atrocity crimes, or their incitement;
e)
Continuation of support to groups accused of involvement in serious
violations of international human rights and humanitarian law, including atrocity crimes, or
failure to condemn their actions;
f)
Justification, biased accounts or denial of serious violations of international
human rights and humanitarian law or atrocity crimes;
()
Politicization or absence of reconciliation or transitional justice processes
following conflict;
h)
Widespread
Risk factor 3. Weakness of State structures
a)
National legal framework that does not offer ample and effective protection,
including through ratification and domestication of relevant international human rights and
humanitarian law treaties;
b)
National institutions, particularly judicial, law enforcement and human rights
institutions that lack sufficient resources, adequate representation or training;
c)
Lack of an independent and impartial judiciary;
d)
Lack of effective civilian control of security forces;
e)
High levels of corruption or poor governance;
f)
Absence or inadequate external or internal mechanisms of oversight and
accountability, including those where victims can seek recourse for their claims;
g)
Lack of awareness of and training on international human rights and
humanitarian law to military forces, irregular forces and non-State armed groups, or other
relevant actors;
h)
Lack of capacity to ensure that means and methods of warfare comply with
international humanitarian law standards;
i)
Lack of resources for reform or institution-building, including through
regional or international support;
j)
Insufficient resources to implement overall measures aimed at protecting
populations.
Risk factor 4. Motives or incentives
a)
of power;
Political motives, particularly those aimed at the attainment or consolidation
b)
Economic interests, including those based on the safeguard and well-being of
elites or identity groups, or control over the distribution of resources;
c)
Strategic or military interests, including those based on protection or seizure
of territory and resources;
54
GE.19-13419
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