A/HRC/30/20 and the Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and all forms of Discrimination18 seeks to ensure that States respond to root causes by prohibiting discrimination and condemning discriminatory ideologies, combating impunity, and establishing early warning mechanisms. 7. Some treaty provisions point to an obligation of negative result (prevention being successful when there is no violation),19 while in some cases prevention can be seen as an obligation of positive conduct (taking all necessary steps to adopt concrete and effective measures to prevent violations).20 The International Court of Justice has declared that the obligation to prevent genocide is one of conduct and not one of result, in the sense that a State cannot be under an obligation to succeed, whatever the circumstances, in preventing the commission of genocide; the obligation is rather to employ all means reasonably available to them so as to prevent genocide so far as possible.21 In this regard, article 6 of the Arms Trade Treaty prohibits any transfer of conventional arms where the State party has knowledge at the time of authorization that the arms would be used notably in the commission of genocide and crimes against humanity. 8. Furthermore, the terminology used for instance in relation to the prevention of torture usefully distinguishes between specific practical actions which need to be taken for preventive purposes (direct prevention or mitigation), and the response to violations which needs to be taken in order to remedy those violations and prevent recurrence (indirect prevention or non-recurrence).22 Direct prevention/mitigation 9. Direct prevention aims to eliminate risk factors and establish a legal, administrative and policy framework which seeks to prevent violations. It is also contingent on establishing a culture of respect for human rights, good governance 23 and the rule of law, and an enabling environment for a vibrant civil society and free press. For example, the prevention of torture and cruel, inhuman and degrading treatment or punishment includes adopting laws prohibiting their use and providing for prosecution of those who violate them. It also includes putting in place procedural safeguards – such as registers in places of detention and video recordings of interrogations – as well as ensuring independent oversight, including regular monitoring of places of detention by independent bodies. Indirect prevention/non-recurrence 10. Indirect prevention of human rights violations, or non-recurrence, takes place after a violation has occurred. It aims to prevent recurrence by identifying and addressing causes of violations of all human rights,24 through investigation and prosecution, ensuring the right 18 19 20 21 22 23 24 International Conference on the Great Lakes Region, 29 November 2006. See art. 3, Committee on the Elimination of Racial Discrimination; art. 2, Convention on Slavery; art. 1, Convention on the Prevention of Genocide. See art. 19, Convention on the Rights of the Child; and E. Decaux and S. Touzé (footnote 3 above). Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007, p. 43. A/HRC/18/24, para. 36; A/HRC/28/30, para. 22; and “Preventing Torture: An Operational Guide for National Human Rights Institutions”, p. 3 (OHCHR, Association for the Prevention of Torture, and Asia Pacific Forum, HR/PUB/10/1). See Good Governance Practices for the Protection of Human Rights (United Nations 2007). The United Nations system approach to transitional justice can be helpful to frame a preventive approach in seeking to prevent recurrence of human rights violations which have occurred (including 5