A/HRC/9/28
page 32
9/10. Human rights and transitional justice
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenants on Human Rights, the Geneva Conventions of 12 August 1949 and
the Protocols Additional thereto of 8 June 1977, other relevant international human rights law
and international humanitarian law instruments and the Vienna Declaration and Programme of
Action,
Recalling previous resolutions of the Commission on Human Rights on human rights and
transitional justice (2005/70), impunity (2005/81) and the right to the truth (2005/66),
General Assembly resolution 60/147 on the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law as well as Council decisions 4/102 on
transitional justice and 2/105 on the right to the truth,
Recalling also the report of the Secretary-General on the rule of law and transitional justice
in conflict and post-conflict societies (S/2004/616), including relevant recommendations
contained therein, and the report of the Secretary-General entitled “Uniting our strengths:
Enhancing United Nations support for the rule of law” (A/61/636-S/2006/980), which designates
the Office of the United Nations High Commissioner for Human Rights as the lead entity within
the United Nations system on, inter alia, transitional justice,
Recalling further the set of principles for the protection and promotion of human rights
through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note with
appreciation of the updated version of those principles (E/CN.4/2005/102/Add.1), as well as the
report of the Commission on Human Rights on the independence of the judiciary, administration
of justice and impunity (E/CN.4/2006/52),
Recalling Security Council resolution 1325 (2000) on women, peace and security and
recognizing women’s contributions to conflict resolution and sustainable peace,
Welcoming the role of the Peacebuilding Commission in this regard, and recalling the
necessity for the Commission to intensify its efforts, within its mandate, in cooperation with
national and transitional Governments and in consultation with the relevant United Nations
entities, to incorporate human rights, when advising on or proposing country-specific
peacebuilding strategies for post-conflict situations in cases under consideration, where
applicable,
Recognizing the role of the International Criminal Court in a multilateral system that aims
to end impunity, establish the rule of law, promote and encourage respect for human rights and
achieve sustainable peace, in accordance with international law and the purposes and principles
of the Charter,
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