A/HRC/30/42 genocide. The Special Rapporteur urges all States to ratify the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. 106. States should promote reforms to ensure full compliance of emergency, security or anti-terrorism legislation with international human rights standards. Reforms should include explicit reference to non-derogable rights and enshrine elements for suitability, necessity and proportionality tests. Legislation must be in conformity with international standards, in particular the principle of legality, due process and fair trial. Furthermore, the criminalization of terrorist activity must be formulated in explicit and precise terms that enable individuals to regulate their behaviour, and the definitions of terrorist crimes should be confined exclusively to activities that entail or are directly related to the use of deadly or serious violence against civilians. 107. States should also consider methods of vetting judicial personnel that are compatible with the separation of powers, the independence of the judiciary and due-process guarantees. A judiciary that is not trusted by citizens either for reasons of complicity or ineffectiveness will find it impossible to fulfil its corrective and preventive roles. Since self-reflection about the judiciary’s own role in violations is both trust-inducing and potentially preventive, the training of judicial personnel, and judicial reform in itself, should address the judiciary’s role in past violations. 108. The Special Rapporteur calls upon States to include in their policies initiatives geared towards strengthening internal (individual) and external (institutional) judicial independence. He urges them to ensure that their judicial systems comply with relevant standards, including the Basic Principles on the Independence of the Judiciary. Judiciaries can crucially help to prevent violations by checking executive powers and by adjudicating conflicts impartially and independently. 109. He also calls upon States to endow their judiciaries with specialized competencies required to address mass atrocities strategically to dismantle networks of criminality. Implementing such strategies is one of the most significant contributions judiciaries can make to the prevention of violations. Similarly, he urges them to acquire competencies in the detection and prevention of other gross violations, which are routine in many places, including torture. While specialized judicial capacities are sometimes best expressed through the creation of specialized entities, no special jurisdiction — military or not — should weaken the power to guarantee and enforce basic rights. 110. States should consider, in transitional contexts, constitutional amendments or reforms to lay down a catalogue of rights and structures of governance as the foundation of the “new” State. This is possible through an incremental, interim or fully fledged constitutional drafting process. Enshrining the principles of the separation of powers, the independence of the judiciary, the non-partisan role of the security forces and a bill of rights is indicative of a new beginning. Special attention should be paid to providing for oversight, accountability and strong human rights protection mechanisms, including through the establishment of a constitutional court or chamber with an individual complaints procedure. 111. The jurisdiction of military tribunals should be limited solely to military personnel charged exclusively with military offences, to the exclusion of human rights violations and serious violations of international humanitarian law. 24

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents