A/HRC/RES/40/17
39.
Further expresses grave concern at the findings by the fact-finding mission of
the Organisation for the Prohibition of Chemical Weapons that, on the basis of their
evaluation and analysis of all the information gathered, there are reasonable grounds to
believe that a toxic chemical was used as a weapon in Duma on 7 April 2018, and that the
toxic chemical was likely molecular chlorine;
40.
Expresses grave concern at the reports of the Technical Secretariat of the
Organisation for the Prohibition of Chemical Weapons of July 2016, March 2017, July 2017,
October 2017, March 2018, July 2018 and October 2018, in which it reported that it had been
unable to verify that the declaration made by the Syrian authorities regarding their chemical
weapons programme was accurate and complete in accordance with the Chemical Weapons
Convention, and calls upon the Syrian Arab Republic to cooperate fully with the Organisation
to provide further clarification relating to the gaps, inconsistencies and discrepancies that
remain concerning the declaration;
41.
Demands that all parties desist immediately from any use of chemical weapons
in the Syrian Arab Republic, expresses its strong conviction that those responsible for the use
of chemical weapons must be held accountable, and expresses its support in this regard for
the objectives and commitments of the International Partnership against Impunity for the Use
of Chemical Weapons to support accountability for all those responsible for the proliferation
or use of chemical weapons;
42.
Reaffirms the importance of establishing appropriate processes and
mechanisms to achieve justice, reconciliation, truth and accountability for gross violations
and abuses of international law, and reparations and effective remedies for victims, in
particular victims of sexual and gender-based violence, detainees, internally displaced
persons and disappeared persons, and stresses the prerequisite role that accountability can
play in any effort to bring about a sustainable, inclusive and peaceful conclusion to the
conflict;
43.
Recalls that the International Criminal Court was established to help to end
impunity for applicable crimes in which a State is unwilling or unable to genuinely carry out
investigations or prosecutions;
44.
Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law or violations and abuses of international human rights law are
held to account through appropriate, fair and independent national, regional or international
criminal justice mechanisms, and stresses the need to pursue practical steps towards this goal,
while noting the important role that the International Criminal Court can play in this regard;
45.
Welcomes the work of the International, Impartial and Independent Mechanism
to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious
Crimes under International Law Committed in the Syrian Arab Republic since March 2011,
as mandated by the General Assembly in resolution 71/248 of 21 December 2016, including
its close cooperation with the Commission of Inquiry and Syrian civil society, so that the
voices of victims are heard, any evidence of crimes is collected and criminal prosecution
proceeds;
46.
Invites Member States to actively support the International, Impartial and
Independent Mechanism, including by considering the provision of information and data on
the most serious crimes under international law committed in the Syrian Arab Republic, and
to provide adequate financial means for its functioning, and at the same time highlights the
importance of sustainable funding and notes the steps taken by the Secretary-General in this
respect;
47.
Welcomes the steps taken by Member States to prosecute the most serious
crimes under international law committed in the Syrian Arab Republic in national courts
under the principles of universal jurisdiction and extraterritorial jurisdiction as an important
contribution to end impunity and to ensure justice for victims, and notes the contribution that
the International, Impartial and Independent Mechanism and other accountability
mechanisms can make in this regard;
48.
Deplores the grave humanitarian situation in the Syrian Arab Republic and
expresses deep concern at the plight of the 11.7 million people in need of full, immediate and
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