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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