A/HRC/10/30
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analysis, not a precise predictive tool. It nevertheless serves as an indicator of the kind of
information that is needed when predicting possible genocide, the evolution of a situation, the
imminence of a risk of genocide and the kind of solutions that may be required. The framework
is now being used by the office of the Special Adviser to analyse situations of concern, and will
be used in the future as a training tool to help other United Nations departments with monitoring
capacity to predict situations of possible genocide. Its effectiveness will be reviewed at the end
of 2009.
B. Promotion of the law
12. In 2008, the Special Adviser and his staff consulted with experts in international law and
the prevention of genocide with a view to identifying innovative ways of employing relevant
international law for prevention. One result of the consultations was the launching of a project to
match the criteria of the above-mentioned framework of analysis with relevant provisions of
international law. In this way, the office of the Special Adviser hopes to create a stronger link
between international law and the prevention of genocide, even where the law itself makes no
reference to genocide and might not normally be associated with this crime. It is hoped that the
project will result in the packaging of a diverse range of legal provisions from different
international legal instruments which, together, will provide detailed guidance on the range of
legal provisions that need to be respected in order to prevent genocide. In addition, such a
package would also serve as a useful analytical tool through which to examine a series of
violations in a State and to estimate the extent to which the composite effect of those violations
may in fact be leading to the crime of genocide. While it remains a vital legal instrument, the
Convention on the Prevention and Punishment of the Crime of Genocide does not itself provide
this kind of detailed guidance.
C. The responsibility to protect
13. In the 2005 World Summit Outcome document, the General Assembly agreed on the
concept of the responsibility to protect populations from genocide, war crimes, ethnic cleansing
and crimes against humanity.2 On 21 February 2008, the Secretary-General announced the
appointment of Edward Luck as his Special Adviser to develop ideas relating to the
responsibility to protect and to assist the Assembly to continue consideration of the concept.
Over the course of 2008, through a process of consultation with States, United Nations
departments and civil society, the Special Adviser developed a series of proposals. In particular,
he reviewed the considerable overlap between the scope and objectives of the responsibility to
protect and those of the Five-Point Action Plan3 to prevent genocide and of the mandate of the
Special Adviser.
2
3
General Assembly resolution 60/1, paras. 138-139.
See E/CN.4/2006/84. The points are: (a) preventing armed conflict; (b) protection of civilians
in armed conflict; (c) ending impunity through judicial action in both national and international
courts; (d) early and clear warning of situations that could potentially degenerate into genocide
and the development of a United Nations capacity to analyse and manage information; and
(e) swift and decisive action along a continuum of steps.
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