A/HRC/12/18 page 18 Criminal indictments have been successfully sought in circumstances where investigation and prosecution of alleged perpetrators of gross human rights violations was said to be a stumbling block to peace.6 56. The establishment of the International Criminal Court in 2002 represents the most significant recent development in efforts to combat impunity. The Rome Statute’s commitment to complementarity, articulated in article 17, affirms the primacy of national Governments in ensuring accountability for those who bear the greatest responsibility for perpetrating international crimes. Thus, while the Court will bring alleged perpetrators of international crimes to justice where national authorities are unable or unwilling to do so, the Court has also catalysed the development of national capacities to meet this obligation. 57. As indicated in the addendum to the present study, post-2000 peace agreements reflect developments in international law and United Nations policy with regard to amnesties and accountability. Blanket amnesties, though still present in some accords, are less pervasive. Moreover, a growing number of agreements contain provisions for transitional justice processes, such as truth-seeking, prosecution initiatives, reparations programmes and institutional reform. 58. Special envoys and special representatives of the Secretary-General mediating peace processes should continue to advocate for the inclusion of commitments to combat impunity and the protection and promotion of human rights in peace agreements. To this effect, United Nations special envoys should inform the parties of their obligations under human rights and international humanitarian law. United Nations mediators thus need to be equipped with relevant human rights expertise during peace negotiations and should call upon such expertise available within the United Nations system. Human rights experts should also be present to participate in peace negotiations. 2. Economic, social and cultural rights and transitional justice 59. Transitional justice strives not only to deliver justice to victims of mass atrocities, but also to assist societies devastated by conflict achieve sustainable peace and reconciliation. Peace and reconciliation demand comprehensive societal transformation that must embrace a broad notion of justice, addressing the root causes of conflict and the related violations of all rights. Nevertheless, the international community has yet to embrace a transitional justice approach that comprehensively addresses violations of economic, social and cultural rights. 60. Transitional justice mechanisms offer the potential for incorporating economic, social and cultural rights. Truth commissions, charged with revealing the pattern of past human rights violations, are well placed to investigate violations of economic, social and cultural rights. Where appropriate, truth commission mandates could be expanded to include the examination of such violations, in addition to recommendations on how best to redress these abuses. In 6 For example, the May 1999 indictment of Slobodan Milošević by the International Criminal Tribunal for the former Yugoslavia and the 2003 indictment of Charles Taylor by the Special Court for Sierra Leone.

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