A/HRC/21/50
final point to be made concerns the nature of the investigation that must be conducted to
satisfy this obligation. The UN has developed guidelines for such investigations and they
center around four universal principles: independence, effectiveness, promptness and
impartiality.33 These four principles lie at the heart of human rights protection and are
binding on UN members in that they have been relied upon and further developed in the
jurisprudence of UN-backed international courts and also have been agreed upon by the
States represented within the relevant United Nations bodies.
VIII. State responsibility
25.
Every internationally wrongful act of a State incurs the international responsibility
of that State.34 Similarly, customary international law provides that a State is responsible for
all acts committed by members of its military and security forces. 35 The State is therefore
responsible for wrongful acts, including crimes against humanity, committed by members
of its military and security forces.
26.
The prohibition of crimes against humanity is a jus cogens or peremptory rule, and
the punishment of such crimes is obligatory pursuant to the general principles of
international law.36 Furthermore, crimes against humanity are the culmination of violations
of fundamental human rights, such as the right to life and the prohibition of torture or other
forms of inhuman and degrading treatment.37 According to the principles of State
responsibility in international law, the Syrian Arab Republic bears responsibility for these
crimes and violations, and bears the duty to ensure that individual perpetrators are punished
and that victims receive reparation.38
IX. Individual responsibility
27.
The principle of individual criminal responsibility for international crimes is well
established in customary international law.39 According to article 27 of the Rome Statute of
the International Criminal Court, which the Syrian Arab Republic has signed but not
ratified, the Statute applies equally to all persons, without any distinction based on official
capacity. In this context, Syrian laws afford extensive immunities, in most cases, for crimes
33
34
35
36
37
38
39
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions (Economic and Social Council resolution 1989/65;text available at: http://www1.umn.
edu/humanrts/instree/i7pepi.htm) and the Principles on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly
resolution 55/89, 2000; text available at: http://www2.ohchr.org/english/law/ investigation.htm). Note
that the investigation need not be conducted by a court or even a judicial body. Administrative
investigations, where appropriate, may equally comply with the four principles.
Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10), chap.
IV, sect. E, art. 1.
Ibid., commentary to article 7.
Case of Almonacid-Arellano et al v. Chile, Inter-American Court of Human Rights, Judgement of
September 26, 2006, (Preliminary Objections, Merits, Reparations and Costs), para. 99. See also
Official Records of the General Assembly (see footnote 33), Art. 26.
Almonacid-Arellano et al. v. Chile, para. 111.
See the Preamble to the Rome Statute of the International Criminal Court: ―Recalling that it is the
duty of every State to exercise its criminal jurisdiction over those responsible for international
crimes.‖
Prosecutor v. Tharcisse Muvunyi, Judgement, Case No. ICTR-00-55-T, 12 September 2006, para.
459.
51
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