A/HRC/17/39
VI.
Obligations of States
65.
According to the Draft Articles on the Responsibility of States for Internationally
Wrongful Acts of the International Law Commission, States that have committed an
internationally wrongful act are liable to make reparation for any injury, whether it be
material or moral, caused by the internationally wrongful act of a State.75 Such an
internationally wrongful act (action or omission) must be attributable to the State and
further constitute a breach of an international obligation of the State.76 Clearly, such
obligations arise through a number of treaties and conventions as well as customary
international law on the topic, referring both to peace and war times.77
66.
The Santiago Declaration reflects the obligations of States. Article 13 provides that:
(a)
The effective and practical realization of the human right to peace necessarily entails
duties and obligations for States, international organizations, civil society, peoples,
individuals, corporations the media and other actors in society and, in general, the entire
international community;
(b)
The fundamental responsibility for preserving peace and protecting the human right
to peace lies with the States and also with the United Nations as the most universal body
harmonizing the concerted efforts of nations to realize the purposes and principles
proclaimed in the Charter of the United Nations;
(c)
States should take all the necessary measures to ensure the development and
protection of the environment, including disaster preparedness strategies, as their absence
poses a threat to peace, and have the obligation to cooperate in all necessary fields in order
to achieve the realization of the human right to peace, in particular by implementing their
existing commitments to promote and provide increased resources to international
cooperation for development;
(d)
States are also required to take measures to build and consolidate peace, and have
the responsibility to protect humankind from the scourge of war. This, however, should not
be interpreted to imply for any State any entitlement to intervene in the territory of other
States;
(e)
To guarantee the human right to peace, Member States are called on to strive for
reform of the Security Council in order to reflect and better ensure a fair and balanced
representation of today’s international community. The methods of work of the Security
Council must be transparent and allow civil society and other actors to participate in its
debates.
VII.
Monitoring and implementation
67.
75
76
77
Three new mechanisms have been proposed.
General Assembly resolution 56/83, annex, art. 31.
Ibid., art. 2.
For example, the UNESCO World Heritage Convention, the obligations of the Rio Declaration on
Environment and Development, principles 2, 14, 18, 19 and 24, and Additional Protocol I to the 1949
Geneva Conventions, articles 55 and 56.
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