A/HRC/14/38 Peoples’ Rights. In recent years, however, there had been a proliferation of soft instruments proclaiming the right to peace as a human right. The core pronouncement could be found in General Assembly resolution 39/11, which solemnly proclaimed that the peoples of our planet have a sacred right to peace. That proclamation was reaffirmed in subsequent General Assembly resolutions, in particular resolutions 53/243, 57/216, 60/163 and 63/189. The right to peace had also been included in Commission on Human Rights resolution 2002/71 and Human Rights Council resolutions 8/9 and 11/4. In addition, civil society organizations such as the Spanish Society for International Human Rights Law and the International Association of Democratic Lawyers had reaffirmed a conviction of the existence of a right of peoples to peace. 10. The expert indicated that the meaning given to the term “peoples” for the purposes of peoples’ right to peace still remained unclear, leading to an uncertainty as to the rights holders. The term “peoples” might have different meanings for the purposes of different rights of peoples. Concerning the duty bearers, she recalled that the 1984 Declaration provided that the preservation of the right of peoples to peace and the promotion of its implementation constituted a fundamental obligation of each State. That obligation had been reaffirmed by the General Assembly in subsequent resolutions and reiterated by the Human Rights Commission and the Human Rights Council. The question was whether the duty bearers were individual States, States acting collectively through the United Nations, or the international community as a whole. 11. Ms. Gowlland-Debbas recalled that there was an intimate linkage between human rights and peace. According to the Universal Declaration of Human Rights, peace appeared to be a prerequisite to all human rights in the sense that without peace the exercise of all human rights was illusory. Similarly, the General Assembly, in its resolution 60/163, stressed that peace was a vital requirement for the promotion and protection of all human rights for all. On the other hand, the Charter of the United Nations included the promotion of human rights and fundamental freedoms as instrumental to peace. The preamble to the International Covenant on Civil and Political Rights stated that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family was the foundation of freedom, justice and peace in the world, showing again human rights as a stepping stone to peace. The Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations stressed the importance of maintaining and strengthening international peace founded upon freedom, equality, justice and respect for fundamental human rights. Therefore, there was a circular relationship between peace and human rights, each serving as the foundation for the other. 12. The expert indicated that there had also been an evolution in the functions of the Security Council. In its practice, the Security Council had determined under chapter VII that conduct in violation of norms which served to protect the individual, such as genocide and other serious breaches of human rights, including the right to self-determination, and grave breaches of humanitarian law, even if emanating from intra-State conflicts, constituted threats to international peace and security. The Security Council had increasingly focused on the protection of populations from human rights and humanitarian law violations. 13. Concerning the justiciability of the right to peace and the question of effective remedies, Ms. Gowlland-Debbas recalled that efforts had been made to bring claims before judicial and quasi-judicial bodies, linking weapons of mass destruction and human rights. To date, all such cases had been declared inadmissible on the grounds that the petitioners had failed to demonstrate standing to sue because they could not prove that they had suffered or faced any imminent damage or injury. The International Court of Justice had in recent years become involved in armed conflicts not only from the perspective of the rights GE.10-12138 5