A/HRC/27/24
official denial of the existence of distinct groups, biased accounts of historical events
serving to demonize certain groups, and political leaders who fostered tensions by
espousing exclusionary ideologies, justifying discrimination, or encouraging violence.
7.
With regard to the role of human rights mechanisms and United Nations entities, the
High Commissioner emphasized that the human rights treaty bodies, and the Human Rights
Council via the universal periodic review and the special procedures mandate holders,
played a major role in preventing genocide. They may observe signs indicating a
percolation of discrimination and violence into society, and those signs should focus the
attention and action of the international community. The High Commissioner stressed that
OHCHR had not shied away from speaking out when there was a risk of genocide or mass
atrocities. In that connection, she welcomed the close cooperation between OHCHR and the
Office on Genocide Prevention and the Responsibility to Protect. She also noted that the
prevention of genocide and other mass atrocities concerned all United Nations entities. In
response to the Internal Review Panel on United Nations Action in Sri Lanka, the
Secretary-General had adopted the Rights up Front Action Plan to ensure that United
Nations activities were underpinned by a robust system for the timely gathering and
analysis of information on threats to populations. The High Commissioner firmly believed
that the full implementation of the plan would assist the international community in its
solemn duty to prevent genocide and other mass atrocity crimes.
8.
The High Commissioner further noted that the Genocide Convention required States
to ensure that perpetrators did not enjoy impunity. Accountability was vital in ensuring the
rights of victims to an effective remedy. Only renewal of the rule of law and of
accountability could reshape society after such profound trauma and reinstate human rights
and the principles of equality and dignity. In that regard, she referred to the achievements of
several international and hybrid tribunals created over the past 20 years in ensuring
accountability and deterrence, including the International Criminal Court. The High
Commissioner emphasized that the International Criminal Court could only exercise its role
as a powerful deterrent if it was backed by a sustained commitment from all stakeholders,
including the full cooperation of all States. A successful International Criminal Court would
be one that saw universal acceptance of its jurisdiction, without limits to its reach and
exception. To date, 122 States had ratified the Rome Statute. She urged all remaining States
to become parties.
9.
The High Commissioner also noted that international justice was the last resort.
International law required States to take appropriate measures within their domestic legal
systems to investigate, prosecute and punish perpetrators of genocide. In that regard, she
highlighted some challenges encountered by States, including the lack of a clear political
commitment to enforce accountability and the lack of respect for relevant human rights
norms and standards. With regard to the judicial system, challenges included a lack of
independence of the judiciary, the absence of due process and fair trials, and inadequate
judicial capacity to investigate and prosecute crimes. In particular, the perpetrators included
official entities and individuals who had been, or may remain, politically powerful. Finally,
the High Commissioner pointed out the need for adequate legislation and programmes to
protect witnesses and victims. It was important to ensure that victims had the right to seek
reparation for genocide and other heinous crimes, as provided by the Rome Statute of the
International Criminal Court.
10.
In her conclusion, the High Commissioner reiterated that all too often, genocide was
preceded by repeated warning signs that did not receive a strong and early international
response. She urged the international community to stay alert to the warning signs so that, if
detected, they could be responded to swiftly and in a common front by all stakeholders.
Timely responses to warning signs prevented genocide, and protected democracy, the rule
of law and human rights.
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