A/HRC/45/CRP.11 targeted violence against genitals63 and threats of genital mutilation,64 forced nudity,65 and being forced to witness sexual violence against others.66 53. Acts of sexual violence, including rape, against both men and women are prohibited as such under both domestic and international law.67 When committed as part of a widespread or systematic attack, they may constitute one or more crimes against humanity listed in Article 7 of the Rome Statute. State Responsibility 54. States are the primary duty holders of international human rights obligations, whether assumed through ratification of human rights treaties or acquired by virtue of applicable international customary law. States can be held responsible for human rights violations committed by their organs (for example, legislative or executive branch) or by their agents (for example, civil servants, the police, the army, intelligence).68 The State may also be held responsible for the wrongful conduct of non-State individuals or groups when the latter are acting in complete dependence on the State, and under its direction or its effective control. 69 55. States have the duty to respect, protect and fulfil human rights. Inherent in these duties is a State’s obligation to prevent the occurrence of violations and ensure that individuals have accessible and effective remedies when they occur.70 States also have a duty to investigate and prosecute gross violations of international human rights law. States’ investigations into allegations must be carried out by independent and impartial bodies and be prompt, thorough and effective.71 63 64 65 66 67 68 69 70 71 12 ICTY, Prosecutor v. Simić et al., IT-95-9-T, 17 October 2003, para 695; ICTY, Prosecutor v. Brđanin, IT-99-36-T, 1 September 2004, paras, 498, 500; Committee Against Torture, X. v. Denmark and Ethiopia, CAT/C/53/D/458/2011, 20 January 2015, para 2.2. ICTY, Prosecutor v. Simić et al., IT-95-9-T, 17 October 2003; Prosecutor v. Furundžija, IT-95-17/1T, Judgment, 10 December 1998, paras. 82, 266-67, 272. Prosecutor v. Kunarac et al, Judgement, IT-96-23-T & IT-96-23/1-T, 2 February 2001, paras. 766-67; ECtHR, Aydin v. Turkey, Case No. 57/1996/676/866, 25 September 1997, paras 78, 84; IACtHR, Miguel Castro-Castro Prison v. Peru, Judgement, 25 November 2006, para 260; Human Rights Committee, Lucía Arzuaga Gilboa v. Uruguay, Communication No. 147/1983, 1 November 1985, para 4.3; Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Mendez, Addendum – Mission to Mexico. A/HRC/28/68/Add.3, December 2014. Prosecutor v. Furundžija, IT-95-17/1-T, Judgment, 10 December 1998, para. 267. Criminal Code arts. 374 – 383; Law on Women’s Right to a Life Free from Violence (2014, as amended) arts. 39-55. Sexual acts between a detainee and his or her custodian are also prohibited, even in the absence of threat or violence. These acts may also constitute crimes against humanity as per article 7(1)(g) of the Rome Statute if the other requisite elements are fulfilled, and are considered violations of the right to liberty and security, non-discrimination, and equal protection under international human rights law. See, generally, Committee on the Elimination of Discrimination Against Women, General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, CEDAW/C/GC/35, 14 July 2017. See Human Rights Committee, General Comment No. 31 “The Nature of the General Legal Obligation Imposed on States Parties to the Covenant”, CCPR/C/21/Rev.1/Add. 13, para. 4. See also International Law Commission ‘Draft Articles on Responsibility of States for Internationally Wrongful Acts’, hereinafter ILC Articles, (General Assembly resolution 56/83), article 4. ILC Articles, articles 5 and 8; See also ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, 1986 paragraphs 109-110; and ‘Application of the Convention on the Prevention and Punishment of the Crime of Genocide’ (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, 2007 paras. 392, 397, 400, 401. See also A/HRC/37/CRP.2, para.116. See ICCPR, art. 2. See also CCPR/C/21/Rev.1/Add. 13, paras. 4, 15 and 17. See also A/RES/60/147, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. CCPR/C/21/Rev.1/Add. 13, para. 15.