Impunity
Commission on Human Rights resolution 2003/72
The Commission on Human Rights,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant human rights instruments, as well as the Vienna Declaration and Programme of Action, in particular its Part II.E, paragraph 91,
Recalling the universality, interdependence and indivisibility of all human rights, civil, political, economic, social and cultural,
Recalling all previous resolutions of the Commission on the issue of impunity,
Taking note of the report of the Secretary-General on impunity (E/CN.4/2003/97) and noting all previous United Nations reports on the issue of impunity,
Taking note of resolution 2001/22 of 16 August 2001 of the Sub-Commission on the Promotion and Protection of Human Rights, entitled "International cooperation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity" and recalling also all previous resolutions of the Sub-Commission on impunity,
Recognizing the importance of combating impunity for all human rights violations that constitute crimes,
Acknowledging the work of the International Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda,
Recognizing the establishment of the International Criminal Court as an important contribution to ending impunity,
Recognizing also, as measures in the fight against impunity and in promoting accountability, the establishment of the Special Court for Sierra Leone and the issuance of its first indictments, the establishment of the Sierra Leone Truth and Reconciliation Commission, and the establishment of the Commission for Reception, Truth and Reconciliation in Timor-Leste and the Special Panel for Serious Crimes in the Dili District Court,
Taking note of the efforts by the Secretary-General and the Government of Cambodia to establish extraordinary chambers in the national courts of Cambodia for the prosecution of crimes committed by the Khmer Rouge,
Convinced that the practice and expectation of impunity for violations of international human rights or humanitarian law encourage such violations and are among the fundamental obstacles to the observance of international human rights and humanitarian law and the full implementation of international human rights and humanitarian law instruments,
Convinced also that exposing violations of human rights, holding their perpetrators, including their accomplices, accountable, obtaining justice for their victims, as well as preserving historical records of such violations and restoring the dignity of victims through acknowledgement and commemoration of their suffering, will guide future societies and are integral to the promotion and implementation of all human rights and fundamental freedoms and to the prevention of future violations,
Recognizing that accountability of perpetrators, including their accomplices, for grave human rights violations is one of the central elements of any effective remedy for victims of human rights violations and a key factor in ensuring a fair and equitable justice system and, ultimately, reconciliation and stability within a State,
Welcoming the establishment, by a number of States where serious human rights violations have occurred in the past, of mechanisms to expose such violations, including commissions of inquiry or commissions for achieving truth and reconciliation which complement the justice system,
Convinced of the need for Governments to combat impunity by addressing past or ongoing violations, taking measures aimed at preventing their recurrence,
1. Emphasizes the importance of combating impunity to the prevention of violations of international human rights and humanitarian law and urges States to give necessary attention to the question of impunity for violations of international human rights and humanitarian law, including those perpetrated against women and children, and to take appropriate measures to address this important issue;
2. Also emphasizes the importance of taking all necessary and possible steps to hold accountable perpetrators, including their accomplices, of violations of international human rights and humanitarian law, recognizes that amnesties should not be granted to those who commit violations of international humanitarian and human rights law that constitute serious crimes and urges States to take action in accordance with their obligations under international law;
3. Acknowledges the historic significance of the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002 and calls upon all States to consider ratifying or acceding to it;
4. Recognizes that as of the inaugural ceremony of the International Criminal Court on 11 March 2003, 89 States had ratified or acceded to the Rome Statute, stresses the importance of the implementation by States parties of their obligations under the Statute and calls upon States which are eligible to do so to continue to participate actively in the Assembly of States Parties;
5. Calls upon States and the United Nations High Commissioner for Human Rights to consider providing to States, upon their request, concrete and practical assistance and cooperation in seeking to achieve the goals set out in the present resolution;
6. Calls upon States to continue to support the work of the International Criminal Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda, and to consider supporting other initiatives to establish judicial mechanisms in cooperation with the United Nations, in accordance with international standards of justice, fairness and due process of law, including at the regional and national levels;
7. Encourages States to provide financial and other support to the Special Court for Sierra Leone, commends those States which have provided such support and expresses its satisfaction that the Court is operational;
8. Recognizes that, for the victims of human rights violations, public knowledge of their suffering and the truth about the perpetrators, including their accomplices, of these violations are essential steps towards rehabilitation and reconciliation, and urges States to intensify their efforts to provide victims of human rights violations with a fair and equitable process through which these violations can be investigated and made public and to encourage victims to participate in such a process, including by taking measures to ensure the protection of, and support and assistance to, victims and witnesses which are appropriate and sensitive to their needs, including gender-sensitive procedures, in judicial and truth and reconciliation processes;
9. Welcomes in this regard the establishment in some States of commissions of truth and reconciliation to address human rights violations that have occurred there, welcomes the publication in those States of the reports of those commissions and encourages other States where serious human rights violations have occurred in the past to establish appropriate mechanisms to expose such violations, to complement the justice system;
10. Recognizes that crimes such as genocide, crimes against humanity, war crimes and torture are violations of international law and that perpetrators of such crimes should be prosecuted or extradited by States, and urges all States to take effective measures to implement their obligations to prosecute or extradite perpetrators of such crimes;
11. Stresses the importance of bringing to justice those responsible for gender-related crimes and crimes of sexual violence that constitute in defined circumstances crimes against humanity and/or war crimes and/or serious violations or grave breaches of international humanitarian law;
12. Urges States as well as relevant international bodies to ensure that efforts to combat impunity, including judicial and truth and reconciliation processes, include appropriate procedures which are sensitive to the rights and special needs of children;
13. Encourages States in their efforts to strengthen their domestic capacity to combat impunity and requests the High Commissioner for Human Rights to provide, upon request, technical and legal assistance in developing national legislation and institutions to combat impunity in accordance with international standards of justice, fairness and due process of law;
14. Recalls its resolution 1998/53 of 17 April 1998, in which it took note of 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) (the Principles) produced by the Sub-Commission on the Promotion and Protection of Human Rights, requests the High Commissioner for Human Rights to make the Principles available, takes note that the Principles have already been applied at the regional and national levels and invites other States, intergovernmental organizations and non-governmental organizations to consider integrating the Principles into their efforts to combat impunity;
15. Requests the Secretary-General again to invite States to provide information, including best practices, on any legislative, administrative or other steps they have taken to combat impunity for human rights violations in their territory and to provide information on remedies available to the victims of such violations;
16. Also requests the Secretary-General to commission an independent study, from within existing resources, on best practices, including recommendations, to assist States in strengthening their domestic capacity to combat all aspects of impunity, taking into account the Principles and how they have been applied, reflecting recent developments and considering the issue of their further implementation, and also taking into account the information and comments received pursuant to the present resolution, and to submit the study to the Commission no later than its sixtieth session;
17. Invites the special rapporteurs and other mechanisms of the Commission to continue to give due consideration to the issue of impunity in the discharge of their mandates;
18. Decides to continue its consideration of this matter at its sixtieth session under the same agenda item.
25 April 2003
Source:
Office of the United Nations High Commissioner for Human Rights
http://www.unhchr.ch
www.4humanrights.org : www.hrd1.org : DONATE
