A/HRC/42/50 110. The persistent refusal by the Government of Myanmar to acknowledge and condemn past human rights violations, the heavy influence of the military in the administration of justice and the lack of an independent judiciary, prosecutors and police force for the past 60 years demonstrate the country’s basic incapacity to join in a hybrid tribunal. In addition, the military benefits from extensive constitutional protections, while current civilian government and military officials are among the alleged perpetrators of gross violations of human rights and serious violations of international humanitarian law. A hybrid model would face enormous legal obstacles and the certainty of being subjected to strong political interference. The Government’s continuing perpetration of violations of international law is an additional factor that makes a successful hybrid judicial process impossible in the circumstances prevailing in Myanmar. 111. A successful hybrid model would be possible only with, at a bare minimum, public acknowledgement by the Government that gross violations of human rights and serious violations of international humanitarian law have been committed. It would require substantial legal and institutional reform, including capacitating the police, prosecution and forensic sectors, in particular the administration of justice system. Most notably, guarantees and an understanding of the independence of judiciary and the legal profession and a firm commitment to independence are essential. In addition, any hybrid accountability mechanism would need to be designed through a process of genuine, informed and participatory consultation, in particular with victims and their families. A functioning victim and witness protection scheme would also need to be established to ensure that testimonies may be taken without reprisal or fear of reprisal. 5. Responsibility of the international community 112. The mission reiterates its call upon Member States to exercise jurisdiction to extradite or investigate and, if appropriate, prosecute alleged perpetrators of crimes under international law committed in Myanmar. Given that, at this stage, the jurisdiction of the International Criminal Court is limited, States must exercise universal jurisdiction to this end. 113. The mission also recalls that States have additional responsibilities and obligations under applicable international human rights law, international humanitarian law, arms transfer law and general rules of State responsibility. As a general matter, States must not knowingly aid or assist another State in the commission of unlawful acts. States must also cooperate to bring to an end the gross or systematic failure of another State to abide by obligations arising under a peremptory norm of general international law, including crimes against humanity, torture, genocide, racial discrimination and apartheid, and slavery. They must also not render aid or assistance in maintaining a situation that arose from such failures. The Convention on the Prevention and Punishment of the Crime of Genocide also specifically requires all States parties to prevent and punish genocide. This includes a duty to make use of the means they have available to deter those suspected of preparing genocide or reasonably suspected of harbouring specific intent to do so. IX. Conclusions and recommendations 114. Almost four years since the victory by the National League for Democracy in November 2015 and a year from the next parliamentary elections scheduled for 2020, Myanmar is at a critical juncture. The democratic transition has barely begun. It has been tainted by the gravest crimes under international law committed against the Rohingya and other ethnic groups, a plethora of unresolved and deeply entrenched conflicts, and a weak and deteriorating record on the protection of fundamental freedoms. Accountability remains elusive. The military is out of control. 115. In its previous report, the mission made a number of observations on the way forward. One year on, there has been little progress. 116. Essential security sector reform has not even been discussed. The Tatmadaw retains an unrelenting grip on the country’s political and economic life, permeating all sectors of Myanmar society. Without the transformation of the Tatmadaw into a modern, professional national defence force and a complete overhaul of the 18