A/HRC/4/15 page 14 “138. Each individual State has the responsibility to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity ... “139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity ...” 39. This “responsibility to protect” was confirmed in subsequent Security Council resolution 1674 (2004). 40. One study claims that the misdeeds of the authorities are tantamount to crimes against humanity, fulfilling the conditions of intent and widespread or systematic attacks on the civilian population.12 The evidence includes persecution and starvation as the basis for accusations of crimes against humanity. The study thus advocates that the Security Council should adopt a non-punitive resolution under Chapter VI of the Charter to call for the authorities to be held accountable, given that their misdeeds amount to a non-traditional threat to international peace and security, as exemplified by a wide array of human rights violations, refugee outflows and various acts of criminality. Should the country fail to comply with such a resolution, further action may be needed under Chapter VII. 41. While the perspective of that study is primarily that of State responsibility vis-à-vis its people, there is another perspective linked with the individual criminal responsibility that may ensue from the commission of crimes against humanity. This is elaborated on extensively in the Rome Statute of the International Criminal Court and there is already copious jurisprudence on the issue from various ad hoc international criminal tribunals, such as the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. Of relevance is article 7 of the Rome Statute which defines a number of acts as crimes against humanity, including murder, deportation or forcible transfer of populations, torture, enforced prostitution, persecution against any identifiable group or collectivity on political and other grounds, and enforced disappearance of persons. It remains to be seen how that advocacy will gather momentum. III. COMMUNICATIONS 42. The Special Rapporteur sent a communication to the Government of the Democratic People’s Republic of Korea on 20 December 2005. 12 Failure to Protect: A Call for the UN Security Council to Act in North Korea, United States Committee for Human Rights in North Korea, Washington, 2006.