A/HRC/41/24
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 37/26,
in which the Council requested the Secretary-General to prepare a follow-up report, based
on information provided by Member States, on the implementation of the provisions of the
resolution, with a particular focus on activities aimed at raising awareness of the
Convention on the Prevention and Punishment of the Crime of Genocide and the realization
of educational programmes and projects that contribute to the prevention of genocide.
2.
In preparing the report, I have sought the views of Member States. To this end, the
Office of the Special Advisers to the Secretary-General on the Prevention of Genocide and
the Responsibility to Protect shared a questionnaire with Member States, requesting them to
submit information on the implementation of the resolution. The information compiled has
been organized in two main sections, the first pertaining to the prevention of genocide,
crimes against humanity and war crimes (atrocity crimes) by strengthening capacities at the
national, regional and international levels, and the second pertaining to the prevention of
atrocity crimes specifically through awareness-raising and education.
II. Prevention of atrocity crimes
3.
The prevention of the crime of genocide is intrinsically connected to the prevention
of crimes against humanity and war crimes. I have been referring to these crimes as
“atrocity crimes” 1 as they reveal extreme forms of human rights violations of a deeply
violent and cruel nature that typically – but not always – occur on a massive scale. These
crimes also tend to occur concurrently in the same situation rather than as isolated events,
as has been demonstrated by their prosecution in both international and national
jurisdictions. Consequently, initiatives aiming at preventing one of the crimes will, in most
circumstances, also cover the others. The present report reflects this understanding by
focusing on measures taken by Member States to implement the duty to prevent the three
types of crime.
4.
The duty to prevent genocide, crimes against humanity and war crimes is well
established both under several treaties and under rules of customary international law
binding on all States.2 This duty was reiterated in the political commitment made by all
States Members of the United Nations in 2005, under the umbrella of the responsibility to
protect principle. In paragraph 138 of the 2005 World Summit Outcome, States recognized
their primary responsibility to protect their populations from genocide, war crimes, ethnic
cleansing and crimes against humanity, including their incitement, through appropriate and
necessary means. In the present report, I examine measures taken by States to comply with
their international obligations and responsibilities in this respect, provide examples of
initiatives that Member States are already implementing and identify additional steps that
could be taken to prevent atrocity crimes.
1
2
2
In the context of the principle of the responsibility to protect, “atrocity crimes” also refers to the act of
ethnic cleansing, as specified in paragraph 138 of the 2005 World Summit Outcome. Ethnic cleansing
is not an independent crime under international law. However, it includes acts that are serious
violations of international human rights law and international humanitarian law that may amount to
crimes against humanity, genocide or war crimes.
The duty to prevent genocide is explicit in article I of the Convention on the Prevention and
Punishment of the Crime of Genocide. Even though there is no international treaty specifically
addressing State responsibility for crimes against humanity, the duty to prevent crimes against
humanity derives from the obligation to prevent those human rights violations, such as torture, that,
when committed as part of a widespread or systematic attack directed against any civilian population,
would constitute crimes against humanity. Common article 1 of the Geneva Conventions of 12
August 1949 stipulates that it is the duty of States to respect and ensure respect for the Convention in
all circumstances and, consequently, to prevent war crimes.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents