A/HRC/40/33
60.
It was stressed that the international community had failed too many times to
prevent the most serious atrocities and that, rather than lacking information, the
international community lacked the political will to act upon clear signs preceding
genocide. One delegate therefore called for a genuine culture of prevention, where early
warning was complemented by early action.
61.
One delegation urged the members of the Human Rights Council to consider the
crimes committed by Islamic State in Iraq and the Levant (ISIL) against the Yazidi,
Turkoman and Christian communities in Iraq as war crimes, to help the joint investigative
mechanism established by the Security Council to gather evidence against ISIL and to bring
justice to the victims of those atrocities.
62.
On the regional level, the development of policies and programmes by the African
Union and the subregional organizations in Africa to prevent and punish genocide was
noted. The African Union and its organs had invested in strengthening their capacities in
relation to early warning and rapid response in situations that could lead to genocide. The
African Union was cooperating with its member States, international organizations, the
Special Adviser on the Prevention of Genocide, civil society and religious leaders to build
more resilient societies and respond to crises in Africa and elsewhere in the world.
63.
Regarding action on a national level, one delegation encouraged Member States to
appoint focal points on the prevention of genocide pursuant to resolution 37/26.
V. Concluding remarks
64.
In the concluding remarks, the panel emphasized that the current multilateral
system was not adequate to prevent genocide. A system that put people at the heart of
the international community’s concerns, before considering the political interests of
States, was needed.
65.
While improvement of the international legal framework was necessary, the
universal ratification of both the Convention on the Prevention and Punishment of the
Crime of Genocide and the Rome Statute of the International Criminal Court was
first required. The African Union’s communiqué calling for the ratification of the
Convention and other human rights treaties was positively noted in that context.
States should establish universal jurisdiction over the crime of genocide, and support
for the International Criminal Court had to be ensured.
66.
The panel considered that the Human Rights Council should use early warning
systems and that it needed to work together with treaty bodies, the special procedures
and the High Commissioner to ensure a holistic approach on prevention. The panel
observed that national risk analysis was important to protect populations from
atrocities, and that it was essential to invest in structural prevention at the national
level, including by supporting other States in the implementation of national strategies
for prevention.
67.
The panel noted that the independent impartial and international mechanisms
for the Syrian Arab Republic and Myanmar and any future mechanisms of that
nature were a critical innovation, and allowed for the preservation of evidence for
national and international prosecutions. The Human Rights Council had to continue
shedding light on atrocities, calling for justice and accountability and generating the
political will needed for more accountability mechanisms.
68.
The panel provided a historical footnote, describing how Raphael Lemkin had
been unhappy when attending the reading of the Nuremberg judgment, because
crimes against humanity had been confined to crimes committed in relation with
armed conflict. He then attended the first United Nations General Assembly, where he
found support from the countries of the South for his proposal for a resolution on
genocide. The panel stressed that the Convention was in fact one of the first
international legal initiatives to have come from the global South.
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