A/HRC/41/24
17.
Even though there are many situations in which accountability remains unfulfilled or
is deficient, creating a greater risk of recurrence, there are initiatives that could serve as
positive examples of upholding accountability. In this regard, some States have set up
special jurisdictions to prosecute international crimes. In 2009, the Supreme Court of
Guatemala established the courts for high risk crimes, with competence to process the most
problematic cases involving people in positions of power but international crimes as well,
including genocide. In 2013, a high risk court convicted a former Head of State for
genocide and crimes against humanity. Even though the sentence was later overturned by
the Constitutional Court on procedural grounds, this marked the first time a national
tribunal held a trial of a former Head of State on charges of genocide. In Bosnia and
Herzegovina, Cambodia, the Central African Republic, Sierra Leone and Timor-Leste, as
well as in Kosovo, 4 hybrid mechanisms (combining national or other jurisdiction with
international expertise or support) have also been established for this purpose. A few States,
namely the Central African Republic, Côte d’Ivoire, the Democratic Republic of the Congo,
Mali and Uganda, have opted to refer situations occurring within their territories to the
International Criminal Court.
18.
Some States have conducted trials for international crimes committed outside of
their territory or by non-nationals. The trial of Hissène Habré, the former President of Chad,
by the Extraordinary African Chambers in Senegal is an example. The Chambers were
established within the Senegalese legal system by agreement between the African Union
and Senegal. This was one of the first occasions that an African court operated under the
principle of universal jurisdiction and the first time an African Head of State faced justice
in another African country.
19.
Another important measure for States to reduce the risk of genocide and other
atrocity crimes is building the capacity of national institutions to be legitimate, accountable
and representative of the populations they are protecting, particularly in societies that are
ethnically and religiously diverse. This would entail ensuring that institutional capacity is
based on democratic principles and values, good governance and the rule of law and that
institutions are well resourced.
20.
High levels of corruption or inadequate checks and balances have affected public
trust and confidence in government institutions and hindered development and peace
efforts, including the capacity to address sources of tension. Mindful of the importance of
transparency and accountability, a few years after the restoration of its independence, in
2010 Timor-Leste established the independent Anti-Corruption Commission which, despite
challenges, has done important work in monitoring and holding public officials to account,
including by opening investigations which ultimately resulted in convictions by the court
system. In another important initiative, in 2004 Timor-Leste established the Office of the
Ombudsman for Human Rights and Justice, mandated to investigate complaints of human
rights violations and to carry out monitoring, advocacy and promotional activities. During
the May 2006 political and military crisis in the country, the Office led an investigation into
the legality of the actions taken by State organs before and after the crisis, including by
summoning the President of the Republic, the Prime Minister and the Minister for Foreign
Affairs as witnesses.
21.
Several States have established specific offices to build national capacity to prevent
genocide and other atrocity crimes, while others have incorporated atrocity prevention into
existing mechanisms such as ombudsman or national human rights institutions. In 2007,
Rwanda established the National Commission for the Fight against Genocide mandated to
prevent and fight genocide and its ideology and overcoming its consequences. In Armenia,
the Department of Human Rights and Humanitarian Issues has a unit dedicated to genocide
prevention.
22.
Building national capacities to prevent genocide and other atrocity crimes does not
necessarily require establishing new structures. It can also entail identifying the
vulnerabilities within society and how measures and processes that are being implemented
4
References to Kosovo shall be understood to be in the context of Security Council resolution 1244
(1999).
5
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