A/HRC/12/18
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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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