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55. In 1999 the Security Council adopted resolution 1261 (1999) condemning all attacks on
“objects protected under international law”, including schools, and calling on all parties
concerned to put an end to such practices.33
56. The case law of the International Criminal Court is still in its infancy. As it develops, it
offers an opportunity to send a powerful message to those who continue to undermine the right
to education: the impunity with which education has been attacked for so many years must stop
now.34
B. International political responsibilities
57. The recognition given in articles 4 and 28 of the Convention on the Rights of the Child to
the need for international cooperation in order to implement the right to education has not
translated fully and clearly into political responsibilities for the international community.
58. The goal of education for all set up by the World Conference on Education For All, held in
Jomtien, Thailand, in 1990, certainly moved the language of human rights obligations towards a
future responsibility concerning the establishment of minimum standards in basic education.
Although Jomtien did include other topics, education in emergencies received scant attention.
59. The Dakar Framework for Action on Education For All was adopted at the World
Education Forum, held in Dakar in 2000. The World Forum paid greater, albeit still insufficient,
attention to the educational consequences of emergencies, placing special emphasis on children
affected by conflict, natural disasters and instability and on the conducting of educational
programmes in ways that promote mutual understanding, peace and tolerance, and that help to
prevent violence and conflict. The date by which these needs should be met was set at 2015.
60. There is an interesting statement in the Dakar Framework for Action to the effect that
“no countries seriously committed to education for all will be thwarted in their achievement of
this goal by a lack of resources”. The implication is clear: any State desirous of ensuring primary
education, but incapable of doing so, should be able to obtain the funds essential for that
purpose.
61. The Millennium Development Goals do not use the language of States rights and
obligations, assigning educational goals to a development rather than a rights agenda. This
33
Véanse también resoluciones del Consejo de Seguridad 1314 (2000), 1379 (2001)
y 1539 (2004).
34
Existen precedentes del Tribunal Penal Internacional para la ex Yugoslavia en los que se
afirma que la destrucción de edificios destinados a la educación constituye un crimen de guerra.
Ver Blaskic (Trial Chamber), 3 de marzo de 2000, párr. 185, y Naletilic and Martinovic
(Trial Chamber), 31 de marzo de 2003, párrs. 603 a 605.
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