A/HRC/8/14*
page 14
C. Basic Principles 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
35. On 15 December 2005, the General Assembly adopted without a vote resolution 60/147,
the annex to which contained the Basic Principles 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. The General Assembly emphasized in the preambular
part of the resolution that the Basic Principles and Guidelines “do not entail new international
or domestic legal obligations but identify 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”.
D. International Convention for the Protection of
All Persons from Enforced Disappearance
36. On 20 December 2006, the General Assembly adopted without a vote resolution 61/177
and opened for signature, ratification and accession the International Convention for the
Protection of All Persons from Enforced Disappearance. The fifth preambular paragraph of the
convention notes the awareness of the State parties “of the extreme seriousness of enforced
disappearance, which constitutes a crime and, in certain circumstances defined in international
law, a crime against humanity”.
E. General comment No. 32 of the Human Rights Committee
37. On 23 August 2007, the Human Rights Committee adopted general comment No. 32 on
the interpretation of article 14 of the International Covenant on Civil and Political Rights. The
Committee reiterated, as it had previously done in paragraph 11 of its general comment No. 29
(2001), that any deviation from fundamental principles of the right to fair trial, including the
presumption of innocence, was prohibited at all times.
III. CONCLUSIONS AND RECOMMENDATIONS
38. Previous reports on fundamental standards of humanity observed that, while there
was no apparent need to develop new standards, there was a need to secure respect for
existing rules of international law aimed at ensuring the protection of persons in all
circumstances and by all actors.
39. The recent work of international courts and tribunals and of special courts
contributed to the interpretation of existing standards identified in the ICRC’s
Customary International Humanitarian Law Study, and further elaborated on the
elements and application of certain crimes. The General Assembly adopted the Basic
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