A/HRC/27/56 contrast, establish various thresholds to identify whether a particular case falls within a specified range for investigation or prosecution. IV. The duty to investigate and prosecute 27. States have a duty to investigate and prosecute violations of human rights and humanitarian law which constitute crimes under national or international law, in particular genocide, war crimes, crimes against humanity, or other gross violations of human rights, including summary or extrajudicial killings, torture and other forms of cruel, inhuman or degrading treatment, slavery, enforced disappearance, rape and other forms of sexual violence, and other serious violations of international humanitarian law. Failure to investigate and prosecute such violations gives rise to a separate breach of human rights treaty law.3 28. From a human rights perspective, the duty to investigate and prosecute flows from the right to an effective remedy.4 The right to truth of the victim, his or her next of kin, and, in certain instances, the whole society, forms part of this remedy.5 29. States may not relieve suspected perpetrators of individual responsibility through amnesty or prior immunity or indemnity.6 The duty to prosecute also includes the removal of procedural impediments, such as the defence of obedience to superior orders or unreasonably short statutes of limitation.7 30. Furthermore, States have the duty to assist each other in bringing to justice persons suspected of having committed gross human rights violations or serious violations of international humanitarian law that are crimes under domestic or international law.8 With regard to crimes such as genocide, crimes against humanity, war crimes and torture, where States have an obligation to extradite or prosecute alleged perpetrators,9 States are required to enact and give effect to legislation with extraterritorial effect to cover such crimes, wherever and by whomever the crimes are committed, in order to fulfil their obligations (universal jurisdiction).10 31. Despite national and international obligations, countries in transition have been shown to be greatly tempted by amnesties, including blanket amnesties that shield perpetrators of even the worst violations from their legal responsibility. The Special Rapporteur expresses grave concern at such amnesties. They, in fact, put some people above the law. When granted as part of an effort to achieve peace, while pursuing the 3 4 5 6 7 8 9 10 6 Human Rights Committee general comment No. 31, para. 18. See International Covenant on Civil and Political Rights, art. 2, para. 3; African Charter on Human and Peoples’ Rights, art. 7, para. 1 (a); American Convention on Human Rights: Pact of San José, Costa Rica, art. 25; Arab Charter on Human Rights, art. 9; European Convention on Human Rights, art. 13. See also Boucherf v. Algeria, para. 11, Human Rights Committee communication No. 1196/2003 and Kurt v. Turkey, para. 140, judgement of the European Court of Human Rights (25/05/1998). A/HRC/24/42, paras. 18–20. General comment No. 31, para. 18. Ibid. Ibid. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, arts. 5 and 7; Convention on the Prevention and Punishment of the Crime of Genocide, arts. 4–7; First Geneva Convention, art. 49; Second Geneva Convention, art. 50; Third Geneva Convention, art. 129; Fourth Geneva Convention, art. 146. A/HRC/27/56/Add.1, paras. 83–84 and 104 (xix).