A/HRC/23/29
26.
She stressed that human rights still provoked political controversy and still too many
serious human rights violations were inadequately addressed by the international
community. In her view, a much stronger challenge than changing laws was the resistance
of traditions. In her opinion, it was not the States that needed to reach immediate consensus,
it was cultures and traditions. She referred to the phenomenon of acid attacks against
women following rejection of proposals of marriage, resisting sexual abuse or family
disputes. Despite laws and severe penalties, the number of victims had remained the same
or increased. Referring to the recruitment of child soldiers, the sale of child brides by their
families, she affirmed that we struggled against a “deep culture” which saw this as
acceptable. We were battling with the prejudices, discrimination and hate crimes of the
past. Our duty was to remove these burdens from the shoulders of future generations. In her
view, there was no need for more legal development on the normative side, but the focus
should be on the implementation through education and accountability.
C.
Former Prosecutor of the United Nations international criminal law
tribunals
27.
The former Prosecutor of International Criminal Tribunals, Ms. Carla Del Ponte,
emphasized that the main achievement in the protection of human rights was the referral to
justice of most of the political and military figures responsible for the commission of
crimes against humanity, war crimes and genocide. The creation of the ad hoc tribunals was
a great success in international justice. She underlined the fact that the first generation of
international criminal tribunals demonstrated clearly that impunity was no longer tolerated
by the international community, following the Vienna Declaration. She referred in
particular to the role of the International Criminal Tribunal for the former Yugoslavia in
holding those responsible for ethnic cleansing to account. She said that ethnic cleaning was
a crime against humanity and was perhaps the most extreme form of human rights
violations.
28.
Ms. Del Ponte identified six challenges in delivering justice: (a) bringing senior and
military leaders to justice; (b) the contribution to the development of national criminal law
and humanitarian law; (c) the selection of suspects and transfer of information and cases to
national prosecutors and courts; (d) the complexity of international investigations and
prosecutions; (e) the protection of witnesses; and (f) State cooperation.
29.
She concluded by saying that peacemaking and nation-building efforts would neither
make peace nor build nations unless they included, from their inception, a justice
component so as to prosecute the worst violations of international humanitarian law on all
sides, to end the culture of impunity and to make it clear to everyone that no one is above
the law.
D.
Human rights lawyer and participant in the World Conference
30.
Human rights lawyer Ms. Hina Jilani recalled that the World Conference was
convened at a critical juncture in the advancement of the United Nations human rights
system. The expectations from the conference remained as relevant currently as they were
twenty years before. At that time, she recalled that gaps in implementation of human rights
conventions troubled those engaged in the promotion and protection of human rights. It was
also important for those coming from countries of the South to ensure that the essence of
the universality of human rights was not lost amongst overly emphasized notions of cultural
specificities. The Conference was an important opportunity for human rights activists,
academics and other civil society actors to interact and to bring both consistency and
rationality to human rights advocacy. She believed that was the beginning of a global
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