A/HRC/17/39 VI. Obligations of States 65. According to the Draft Articles on the Responsibility of States for Internationally Wrongful Acts of the International Law Commission, States that have committed an internationally wrongful act are liable to make reparation for any injury, whether it be material or moral, caused by the internationally wrongful act of a State.75 Such an internationally wrongful act (action or omission) must be attributable to the State and further constitute a breach of an international obligation of the State.76 Clearly, such obligations arise through a number of treaties and conventions as well as customary international law on the topic, referring both to peace and war times.77 66. The Santiago Declaration reflects the obligations of States. Article 13 provides that: (a) The effective and practical realization of the human right to peace necessarily entails duties and obligations for States, international organizations, civil society, peoples, individuals, corporations the media and other actors in society and, in general, the entire international community; (b) The fundamental responsibility for preserving peace and protecting the human right to peace lies with the States and also with the United Nations as the most universal body harmonizing the concerted efforts of nations to realize the purposes and principles proclaimed in the Charter of the United Nations; (c) States should take all the necessary measures to ensure the development and protection of the environment, including disaster preparedness strategies, as their absence poses a threat to peace, and have the obligation to cooperate in all necessary fields in order to achieve the realization of the human right to peace, in particular by implementing their existing commitments to promote and provide increased resources to international cooperation for development; (d) States are also required to take measures to build and consolidate peace, and have the responsibility to protect humankind from the scourge of war. This, however, should not be interpreted to imply for any State any entitlement to intervene in the territory of other States; (e) To guarantee the human right to peace, Member States are called on to strive for reform of the Security Council in order to reflect and better ensure a fair and balanced representation of today’s international community. The methods of work of the Security Council must be transparent and allow civil society and other actors to participate in its debates. VII. Monitoring and implementation 67. 75 76 77 Three new mechanisms have been proposed. General Assembly resolution 56/83, annex, art. 31. Ibid., art. 2. For example, the UNESCO World Heritage Convention, the obligations of the Rio Declaration on Environment and Development, principles 2, 14, 18, 19 and 24, and Additional Protocol I to the 1949 Geneva Conventions, articles 55 and 56. 19

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