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enjoyment of social rights. Civil, political, economic, social and cultural rights are too strongly
interdependent to be treated separately. Action on any one front alone is not likely to work.
Accordingly, strategies in post-conflict societies must be comprehensive, including specific
measures to address violations of economic, social and cultural rights and to realize these rights
alongside civil and political rights.
34.
A wide range of strategies are necessary to ensure accountability for past abuses and to
construct a society in which those abuses are less likely to occur. While acknowledging that
other strategies can be considered, the following section focuses on measures often adopted in
post-conflict settings that seem particularly crucial to the protection and realization of economic,
social and cultural rights and that have already shown their potential in this regard. This
selective examination of a few mechanisms and processes should not be taken to diminish the
importance of other measures, such as peacekeeping, security measures, disarmament,
demobilization, and reintegration of ex-combatants, or reconciliation processes, all of which are
vital for the prospects for sustainable peace in any context.
35.
Transitional justice mechanisms14 are one of the obvious avenues for ensuring
accountability for past abuses and establishing the true facts about crimes committed. Some of
these mechanisms have already considered economic, social and cultural rights in their work.
International criminal tribunals have also been investigating and determining accountability for
violations of economic, social and cultural rights in some instances, although approaches to these
rights have been neither systematic nor comprehensive. International criminal tribunals have
found on several occasions that provided certain criteria are fulfilled, the “appropriation or
plunder of property” and the “intentional or wanton destruction of private property including
homes and business and public property including cultural monuments and sacred sites” may
constitute acts of persecution amounting to crimes against humanity.15 In addition, penalties
envisaged by the statutes of international courts include the ordering of the return of any property
and proceeds acquired by criminal conduct to their rightful owners.16
36.
Such cases illustrate that there is no fundamental legal or institutional obstacle to the
judicial protection of economic, social and cultural rights and the provision of redress for any
such violation under international criminal law. On this basis, the High Commissioner for
Human Rights has encouraged the international community to make greater use of existing
statutes to adjudicate economic, social and cultural rights violations and to consider the
possibility of international criminal law ultimately reaching beyond its current focus on property
14
See definition in S/2004/616, para. 8.
15
See for example International Criminal Tribunal for the Former Yugoslavia, Prosecutor v.
Ratko Mladic, amended indictment, case IT-95-5/18-I, 11 October 2002, count 3 (persecutions),
para. 37; Prosecutor v. Radovan Karadzic, amended indictment, 31 May 2000, count 7
(persecutions), para. 34.
16
Statute of the International Criminal Tribunal for Rwanda, art. 23 (3); Statute of the
International Criminal Tribunal for the Former Yugoslavia, art. 24.
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