A/HRC/14/24
(iv) Where serving military personnel are suspected of war crimes, what
strategies and tools can effectively be used to: remove the suspect from the position
of authority without inciting a violent backlash or unravelling any peace agreements;
disassemble and/or disarm the unit(s) allied to the suspect; and ensure that the
suspect is effectively investigated and prosecuted?
(c)
Obligations of donors to those militaries accused of human rights and
humanitarian law abuses
(i)
What restrictions do and should apply to a Government’s assistance to a
foreign military? How effective are restrictions that condition assistance to foreign
militaries on certification that they have not committed gross human rights
violations? What legal responsibilities does a Government have to ensure that the
aid, resources or training it provides is not used to commit abuses, or by units that
have committed abuses?
(ii)
In response to credible obligations of abuses by a State’s military, what are
the international legal obligations of countries that provide funds or other assistance?
At what point does or should the donor State incur responsibility for abuses by the
supported military?
(d)
Accountability for unlawful killings committed in the course of peacekeeping or
multinational force operations
(i)
What best practices should the United Nations or multinational forces follow
to ensure that civilian or other unlawful deaths: are reported accurately; recorded
and made public; and independently and effectively investigated, prosecuted and
punished?
(ii)
What best practices can ensure that victims’ families have adequate access to
information about investigations, prosecutions and their outcomes?
(iii) What jurisdictional obstacles to investigation and prosecution might arise
(e.g. between the host State and the United Nations or multinational force), and how
might they be resolved?
(iv) What should model memoranda of understanding (between the United
Nations and troop-contributing countries) or status of force agreements provide with
respect to jurisdictional issues to ensure accountability obligations are met?
(v)
What specific responsibilities does a host State have to ensure that United
Nations or multinational forces comply with their human rights and humanitarian
law obligations? What should happen if a State does not abide by obligations to
investigate and prosecute?
(e)
Human rights monitoring and promotion within a United Nations peacekeeping
mission
(i)
The human rights functions of the United Nations often fall within the
general mandate of the country mission. Thus, for example, in both the Democratic
Republic of the Congo and the Central African Republic, OHCHR does not have an
independent office, but its functions are integrated into the broader mission. In some
situations there may be good reasons for this. In others, political considerations may
curtail the effectiveness of the important work done by human rights officers.
Consideration needs to be given to how, in such contexts, human rights monitoring
and promotion is best facilitated.
20
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