A/HRC/8/14*
page 2
Summary
The present report is submitted pursuant to Human Rights Council decision 2/102
of 6 October 2006, requesting the Secretary-General to “continue with the fulfilment of [his]
activities, in accordance with all previous decisions adopted by the Commission on Human
Rights and to update the relevant reports and studies”. The present update outlines the progress
achieved on the issue of fundamental standards of humanity since the last report to the
Commission on Human Rights (E/CN.4/2006/87).
Reports of the Secretary-General on fundamental standards of humanity aim at outlining
issues related to securing the practical protection of all individuals in all circumstances and by all
actors. Further to the publication of the 2005 Customary International Humanitarian Law study
prepared by the International Committee of the Red Cross, the following developments
since 2006, inter alia, have contributed to securing the practical respect for existing international
human rights and humanitarian law standards in all circumstances and by all actors. The
General Assembly adopted 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 as well as the International Convention for the Protection of All
Persons from Enforced Disappearance and opened it for signature, ratification and accession.
The ongoing work of the International Criminal Tribunals for the Former Yugoslavia and for
Rwanda has elaborated on the nature and elements of certain war crimes, of genocide and of
crimes against humanity.
The work of the Special Court for Sierra Leone and the Extraordinary Chambers in the
Courts of Cambodia represent a step further into incorporating standards of humanity into the
work of hybrid courts. The International Court of Justice, in its decision of 26 February 2007 in
the case of the Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) provided further clarification as
to the interpretation of the scope and of certain key notions of the Convention on the Prevention
and Punishment of the Crime of Genocide. This decision further clarified the interpretation of the
term “ethnic cleansing” and its significance in international law within the scope of crimes
against humanity, genocide and war crimes in the context of the responsibility to protect. Finally,
the commencement of operations of the International Criminal Court also contributed to efforts
to securing the protection of victims and achieving accountability for serious violations of
international humanitarian and human rights law.
To build on this substantial progress, the Human Rights Council may wish to keep itself
informed of relevant developments, including further international and regional case law, which
contribute to the interpretation of existing standards.
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