A/HRC/11/31
page 14
and corroborated by independent outsiders. A report of a human rights fact-finding mission
could thus become integral to building a file of authoritative information for subsequent use. The
mission could provide a bridge between the commission of human rights abuses at a specific
time and place and some future time when other processes for accountability and justice become
politically possible. The need to have a true process of accountability as a result of a fact-finding
mission was further stressed. It was recalled that the Human Rights Council and the Security
Council had appointed a number of fact-finding missions, but only on rare occasions had their
findings led to criminal investigations at the national or the international level, such as in the
case of Darfur. It was also pointed out that, while international fact-finding missions and
commissions of inquiry had been effective in addressing human rights and humanitarian law
violations, national commissions of inquiry could also be effective in addressing issues related to
violations of the rights of civilians in armed conflict. It was indicated that very few good
practices had unfortunately been identified at the national level.
34. The fundamental role of judicial mechanisms and the contribution of courts in terms of
establishing knowledge of human rights violations, in particular, the International Criminal
Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, was
acknowledged. Some domestic courts in Latin America had also been instrumental in clarifying
facts relating to enforced disappearances. Emphasis was put on the experience of hybrid courts,
such as the courts in Sierra Leone and in Cambodia, where the combination of international and
national justice could bear positive results while respecting both international legal standards and
national sensitivities.
35. It was recalled that, besides treaty obligations, there was another normative framework
applicable to situations of armed conflict. The Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law (General Assembly resolution 60/147) and
the Updated Set of Principles for the protection and promotion of human rights through action to
combat impunity (E/CN.4/2005/102/Add.1) established important parameters that needed to be
observed in the context of armed conflict. The Reparations Principles were of particular
importance because they were adopted by the General Assembly by consensus. In its
resolution 60/147, the Assembly further indicated that the principles did not entail new
international or domestic legal obligations, but identified mechanisms, modalities, procedures
and methods for the implementation of existing legal obligations under international human
rights law and international humanitarian law, which are complementary though different as to
their norms. According to the Reparations Principles, States had an obligation to respect, ensure
respect and implement human rights and international humanitarian law. The Principles also
provided for the duty to investigate violations effectively, thoroughly, promptly and impartially.
It was also recalled that the Impunity Principles established three main fundamental rights that
States should observe regarding human rights violations: the right to the truth; the right to
justice; and the right to reparations for victims. The Human Rights Committee had further
analysed the question of the right to reparation, including from the perspective of guarantees of
non-repetition, satisfaction and compensation, as mechanisms to ensure protection of the human
rights of civilians in armed conflict. It was pointed out that the right to truth was an evolving
issue in the context of the Human Rights Council, which had adopted a number of resolutions on
this matter.
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