A/HRC/RES/12/11
page 3
2.
Underlines the importance and urgency of national and international efforts to end
human rights violations, restore justice and the rule of law in conflict and post-conflict situations
and, where relevant, in the context of transitional processes;
3.
Also underlines the fact that, when designing a transitional justice strategy, the
specific context of each situation must be taken into account with a view to preventing the
recurrence of crises, future violations of human rights and to ensure social cohesion, nationbuilding, ownership and inclusiveness at the national and local levels;
4.
Emphasizes the importance of a comprehensive approach to transitional justice,
incorporating the full range of judicial and non-judicial measures, including, among others,
individual prosecutions, reparations, truth-seeking, institutional reform, vetting of public
employees and officials, or an appropriately conceived combination thereof, in order to,
inter alia, ensure accountability, serve justice, provide remedies to victims, promote healing and
reconciliation, establish independent oversight of the security system and restore confidence in
the institutions of the State and promote the rule of law in accordance with international human
rights law;
5.
Underlines the fact that truth-seeking processes, such as truth and reconciliation
commissions, that investigate patterns of past human rights violations and their causes and
consequences are important tools that can complement judicial processes and, when established,
such mechanisms have to be designed within a specific societal context and to be founded on
broad national consultations with the inclusion of victims and civil society, including nongovernmental organizations;
6.
Stresses the need within a sustainable transitional justice strategy to develop national
prosecutorial capacities that are based on a clear commitment to combat impunity, to take into
account the victim’s perspective and to ensure compliance with human rights obligations
concerning fair trials;
7.
Reaffirms the responsibility of States to comply with their relevant obligations to
prosecute those responsible for gross violations of human rights and serious violations of
international humanitarian law constituting crimes under international law, with a view to ending
impunity;
8.
Notes with interest the conclusion of the Secretary-General that peace agreements
endorsed by the United Nations can never promise amnesties for genocide, crimes against
humanity, war crimes and gross violations of human rights;
9.
Emphasizes that a human rights approach should be incorporated into vetting
processes that are part of institutional reform aiming at preventing the recurrence of human
rights violations;
10. Also emphasizes that justice, peace, democracy and development are mutually
reinforcing imperatives;
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