A/HRC/40/33
Victims of the Crime of Genocide and of the Prevention of This Crime. Together with the
Special Adviser, Armenia had since used the International Day as an important platform for
advancing the prevention agenda within the United Nations. It was similarly advanced in
Geneva through the high-level panel.
12.
Mr. Mnatsakanyan acknowledged and paid tribute to the lawyer Raphael Lemkin,
who had dedicated his entire life to challenging and confronting States’ sovereign right to
kill. Mr. Lemkin had formulated the legal term of genocide and endorsed the attribution of
international responsibility to sovereign States to protect their populations from the crime
of genocide. Mr. Mnatsakanyan also paid tribute to every national and international activist,
advocate, expert and practitioner who had stood up in the face of atrocities. He referred to
the Revised and Updated Report on the Question of the Prevention and Punishment of the
Crime of Genocide (E/CN.4/SUB.2/1985/6 and Corr.1), referred to as the “Whitaker
report” after Ben Whitaker, a member of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities of the Commission on Human Rights. The
report had introduced the idea of establishing an international body concerned with the
prevention of genocide. It was regrettable that such a long time had passed and more
genocides occurred before the international community had taken heed of what SecretaryGeneral Kofi Annan had termed “complicity with evil” and, in 2004, endorsed Mr.
Whitaker’s proposal for tangible yet modest mechanisms for the prevention of genocide.
13.
Mr. Mnatsakanyan praised the efforts of the current Special Adviser and of all his
predecessors for having worked towards changing the culture of reaction at the United
Nations to one of prevention. He expressed gratitude for the Secretary-General’s
commitment to maintaining the Office on Genocide Prevention and the Responsibility to
Protect and for his consistent promotion of the critical functions of early warning and early
action in the prevention of genocide.
14.
Since the adoption of the Convention, “never again” had been uttered many times,
yet genocides had not been prevented. Tendencies towards radicalism, exclusion and hatred
were disturbing the international agenda. The conspicuous decline of the international
commitment to multilateralism and respect for human rights at a time when more
international cooperation and stronger institutions – especially the United Nations – were
needed was particularly troubling. While genocides had not occurred often, they constituted
the ultimate crime. Thus, Mr. Lemkin’s argument to sceptics on the need for legislation had
centred around the permanent loss of a targeted group and survivors’ permanent loss of an
invaluable part of their identity. Mr. Mnatsakanyan stated that Armenia knew that from
experience.
15.
Mr. Mnatsakanyan referred to the upsetting statistics on the status of accession to
and ratification of the Convention: nearly a quarter of the States Members of the United
Nations had not acceded. On the eve of the seventieth anniversary of the Convention, as a
country that had consistently been promoting the prevention of genocide, Armenia joined
its voice to the appeal of the Special Adviser for universal ratification of the Convention.
16.
Mr. Mnatsakanyan noted that Armenia had consistently promoted the importance of
and need to prioritize early prevention, and that prevention meant early action. Prevention
efforts entailed a sufficient capacity to detect, monitor and address early warning signs,
which, if unaddressed, could lead to a deterioration and loss of control, and potentially to
the perpetration of crimes on a massive scale. Prevention primarily required the legal and
institutional capacity of a State – firmly based on political and moral responsibility – to
protect and promote human rights and freedoms for all within its jurisdiction. The lack of
capacity to secure human rights for all had increased the risk of identity-based violations of
rights, the crime of genocide, war crimes and crimes against humanity – being the ultimate
manifestation of such violations. The consistent and determined protection of fundamental
human rights formed part of a State’s responsibility to prevent. Thus, prevention must be
viewed as a responsibility to be delivered first and foremost at the national level. Solid
national institutions, an active, diverse and robust civil society, free media and academia
contributed to transparency and accountability.
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