A/HRC/22/59
Finally, the ICC can rely on strong support from the international community. There are
121 States Parties to the Rome Statute that represent almost two thirds of all UN Member
States. Almost 60 States from all regions of the world have explicitly called on the UN
Security Council to refer the situation in Syria to the ICC.j The UN High Commissioner for
Human Rights,k Special Procedures Mandate Holders of the Human Rights Councill and
numerous NGOsm have also demanded a referral. Finally, the UN General Assembly, n the
UN Human Rights Council,o Arab States,p the Group of Friends of the Syrian People,q the
UN Secretary General,r and others have called for accountability in Syria and/or action by
the UN Security Council.
In sum, the ICC is the appropriate institution for the fight against impunity in Syria. As an
established, broadly supported structure, it could immediately initiate investigations against
authors of serious crimes in Syria and due to the complementarity principle, the option of
national prosecutions at a later stage, instead of or in parallel to the activities of the ICC,
remains fully available.
VI.
Need for a holistic approach
It is widely acknowledged that judicial measures alone do not suffice to sustainably address
serious violations of international human rights and humanitarian law. According to the Set
of Principles for the Protection and Promotion of Human Rights Through Action to Combat
Impunity of 2005, victims have a right to justice, to reparation, to the truth, and to
j
k
l
m
n
o
p
q
r
GE.13-10627
Joint letter of 57 States addressed to the President of the UN Security Council on 14 January 2013.
Navi Pillay made repeated calls to the Security Council to refer the situation to the International
Criminal Court on 18 and 22 August 2011 ; 2 and 12 December 2011 ; 8, 13 and 28 February 2012 ;
29 may 2012 ; 1 and 7 June 2012 ; 2 July 2012 and 10 September 2012. The Human Rights Council
has “noted” these statements (A/HRC/RES/S-19/1).
Statements delivered on behalf of all Special Procedures mandate-holders of the United Nations
Human Rights Council at the Eighteenth and the Nineteenth Special Sessions of the Human Rights
Council on the situation of human rights in the Syrian Arab Republic, Geneva, 2 December 2011/1
June 2012.
E.g. Amnesty International, Syria: New report finds systemic and widespread torture and ill-treatment
in detention, 14 March 2012; Human Rights Watch, Syria: Crimes Against Humanity in Homs, 11
November 2011.
UN General Assembly Resolutions A/RES/66/253 A. (16 February 2012), A/RES/66/253 B. (3
August 2012) and A/C.3/67/L.52 all stress the importance of ensuring accountability and the need to
end impunity in Syria.
Human Rights Council Resolutions A/HRC/RES/S-16/1 (28 April 2011), A/HRC/RES/S-17/1 (18
August 2011), A/HRC/RES/S-18/1 (30 November 2011), A/HRC/RES/19/38 (19 March 2012),
A/HRC/RES/S-19/1 (4 June 2012), A/HRC/RES/20/22 (3 July 2012) and A/HRC/RES/21/26 (28
September 2012) all include one or several paragraphs concerning the issue of accountability for
gross human rights violations and crimes against humanity.
Statement by H.E Ambassador Mootaz Ahmadein Khalil Permanent Representative of the Arab
Republic of Egypt on behalf of the Arab Group Before The Security Council, Open Debate on “The
Situation in the Middle East, Including the Question of Palestine”, New York, 15 October 2012;
Resolution 7523 of the League of Arab States, Cairo, 5 September 2012.
The Fourth Ministerial Meeting of The Group of Friends of the Syrian People – Chairman’s
conclusions, Marrakech, 12 December 2012.
Remarks to the Human Rights Council, Opening of the 21st Session of the Human Rights Council,
Geneva, 10 September 2012.
127
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