A/HRC/14/24 (iv) Where serving military personnel are suspected of war crimes, what strategies and tools can effectively be used to: remove the suspect from the position of authority without inciting a violent backlash or unravelling any peace agreements; disassemble and/or disarm the unit(s) allied to the suspect; and ensure that the suspect is effectively investigated and prosecuted? (c) Obligations of donors to those militaries accused of human rights and humanitarian law abuses (i) What restrictions do and should apply to a Government’s assistance to a foreign military? How effective are restrictions that condition assistance to foreign militaries on certification that they have not committed gross human rights violations? What legal responsibilities does a Government have to ensure that the aid, resources or training it provides is not used to commit abuses, or by units that have committed abuses? (ii) In response to credible obligations of abuses by a State’s military, what are the international legal obligations of countries that provide funds or other assistance? At what point does or should the donor State incur responsibility for abuses by the supported military? (d) Accountability for unlawful killings committed in the course of peacekeeping or multinational force operations (i) What best practices should the United Nations or multinational forces follow to ensure that civilian or other unlawful deaths: are reported accurately; recorded and made public; and independently and effectively investigated, prosecuted and punished? (ii) What best practices can ensure that victims’ families have adequate access to information about investigations, prosecutions and their outcomes? (iii) What jurisdictional obstacles to investigation and prosecution might arise (e.g. between the host State and the United Nations or multinational force), and how might they be resolved? (iv) What should model memoranda of understanding (between the United Nations and troop-contributing countries) or status of force agreements provide with respect to jurisdictional issues to ensure accountability obligations are met? (v) What specific responsibilities does a host State have to ensure that United Nations or multinational forces comply with their human rights and humanitarian law obligations? What should happen if a State does not abide by obligations to investigate and prosecute? (e) Human rights monitoring and promotion within a United Nations peacekeeping mission (i) The human rights functions of the United Nations often fall within the general mandate of the country mission. Thus, for example, in both the Democratic Republic of the Congo and the Central African Republic, OHCHR does not have an independent office, but its functions are integrated into the broader mission. In some situations there may be good reasons for this. In others, political considerations may curtail the effectiveness of the important work done by human rights officers. Consideration needs to be given to how, in such contexts, human rights monitoring and promotion is best facilitated. 20

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