A/HRC/11/31
page 15
36. It was indicated that the establishment of the right to the truth through judicial mechanisms
as well as non-judicial mechanisms, such as truth commissions, should be underscored. It was
also pointed out that the right to justice entailed the duty of States to undertake prompt,
thorough, independent and impartial investigations of alleged human rights and humanitarian
law violations, and to take appropriate measures with respect to perpetrators, in particular in the
area of criminal justice. It was highlighted that the prosecution of human rights and humanitarian
law violations had proved to be an important deterrent of further violations and, therefore, an
important mechanism for ensuring the protection of civilians. Moreover, measures to enhance
national accountability systems were of great importance because they constituted a first layer of
protection, particularly in the area of investigation and prosecution. Having functioning and
capable judicial systems was also fundamental because they were an entry point for the
investigation and prosecution of gross violations of human rights, crimes against humanity, war
crimes and genocide. By virtue of the complementarity principle contained in the statute of the
International Criminal Court, States had an interest in ensuring that their legal systems were
capable and willing to undertake criminal investigations of gross violations of human rights and
serious violations of international humanitarian law if they wished to retain jurisdiction over
such cases.
37. The Human Rights Council and its special procedures had contributed substantially to
protecting civilian populations in armed conflict. Special rapporteurs had played a key role in
identifying violations and showing where national systems could be improved. It was pointed out
that many States had unfortunately not adequately followed up on the recommendations of
special rapporteurs, nor had they used them as a framework for reform.
38. It was recalled that the universal periodic review mechanism, in accordance with Council
resolution 5/1, had also a mandate to take into account applicable international humanitarian law,
given the complementary and mutually interrelated nature of international human rights law and
international humanitarian law.
39. The Commission of Inquiry on Darfur had addressed two main recommendations to the
Security Council: the first, to refer the situation of Darfur to the International Criminal Court,
which was followed by the Security Council; the second, to establish an international
compensation commission. The latter recommendation was not implemented. In this respect, it
was pointed out that the aspect of the rights of victims had not been paid sufficient attention in
the international debate. This situation needed to be addressed urgently.
40. Another mechanism that had functioned effectively to protect the civilian population, such
as minorities, indigenous populations, farmers and displaced persons, from the effects of armed
conflict in the Latin American context had been the application of provisional measures adopted
by the Inter-American Court of Human Rights. The mechanism, implemented in conjunction
with other protection measures, had put pressure on Governments to take measures to protect the
civilian population.
41. It was pointed out that, while the international system provided for mechanisms of
accountability for human rights violations, there was no similar mechanism for violations of
international humanitarian law. In this respect, while human rights violations were dealt with by
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