A/HRC/29/51
serious of international crimes.117 The Special Rapporteur notes with interest the broad
support among many Member States, civil society groups and representatives of the United
Nations for initiatives relating to a responsibility to refrain from using veto powers to block
action aimed at ending atrocity crimes.
IV.
Conclusions and recommendations
60.
States are under an obligation to take measures to protect civilian populations
from widespread and systematic acts of violence and terrorism. It is essential that any
response be grounded in respect for international law, including international
humanitarian law, international human rights law and refugee law.
61.
In the light of the grave international crimes and systematic human rights
violations committed by ISIL forces in Iraq and the Syrian Arab Republic, the Special
Rapporteur:
(a)
Recommends to the Security Council that the situation in Iraq and the
Syrian Arab Republic be referred to the International Criminal Court as a matter of
urgency, or that an ad hoc tribunal be established promptly to try those responsible;
(b)
Calls on Iraq and the Syrian Arab Republic to become parties to the
Rome Statute and to accept the jurisdiction of the International Criminal Court over
the current situation;
(c)
Recommends that States prosecute individuals who have committed such
crimes where they are able to exercise jurisdiction.
62.
States must ensure that all the measures they adopt at the national level to
address the threat posed by ISIL and other such groups, including measures taken to
implement Security Council resolution 2178 (2014), fully comply with their obligations
under international human rights law, as outlined in the present report.
63.
All States engaged in military action against ISIL in Iraq and the Syrian Arab
Republic are under an obligation to conduct prompt, independent and impartial factfinding inquiries in any case where there is a plausible indication that civilian
casualties have been sustained, and to make public the results.
117
20
All permanent members are bound by art. 1 of the Convention on the Prevention and Punishment of
the Crime of Genocide.
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