A/RES/60/147
(c) Provide those who claim to be victims of a human rights or humanitarian
law violation with equal and effective access to justice, as described below,
irrespective of who may ultimately be the bearer of responsibility for the violation;
and
(d)
below.
Provide effective remedies to victims, including reparation, as described
III. Gross violations of international human rights law and serious violations
of international humanitarian law that constitute crimes
under international law
4.
In cases of gross violations of international human rights law and serious
violations of international humanitarian law constituting crimes under international
law, States have the duty to investigate and, if there is sufficient evidence, the duty
to submit to prosecution the person allegedly responsible for the violations and, if
found guilty, the duty to punish her or him. Moreover, in these cases, States should,
in accordance with international law, cooperate with one another and assist
international judicial organs competent in the investigation and prosecution of these
violations.
5.
To that end, where so provided in an applicable treaty or under other
international law obligations, States shall incorporate or otherwise implement within
their domestic law appropriate provisions for universal jurisdiction. Moreover,
where it is so provided for in an applicable treaty or other international legal
obligations, States should facilitate extradition or surrender offenders to other States
and to appropriate international judicial bodies and provide judicial assistance and
other forms of cooperation in the pursuit of international justice, including
assistance to, and protection of, victims and witnesses, consistent with international
human rights legal standards and subject to international legal requirements such as
those relating to the prohibition of torture and other forms of cruel, inhuman or
degrading treatment or punishment.
IV. Statutes of limitations
6.
Where so provided for in an applicable treaty or contained in other
international legal obligations, statutes of limitations shall not apply to gross
violations of international human rights law and serious violations of international
humanitarian law which constitute crimes under international law.
7.
Domestic statutes of limitations for other types of violations that do not
constitute crimes under international law, including those time limitations applicable
to civil claims and other procedures, should not be unduly restrictive.
V.
Victims of gross violations of international human rights law
and serious violations of international humanitarian law
8.
For purposes of the present document, victims are persons who individually or
collectively suffered harm, including physical or mental injury, emotional suffering,
economic loss or substantial impairment of their fundamental rights, through acts or
omissions that constitute gross violations of international human rights law, or
serious violations of international humanitarian law. Where appropriate, and in
accordance with domestic law, the term “victim” also includes the immediate family
or dependants of the direct victim and persons who have suffered harm in
intervening to assist victims in distress or to prevent victimization.
5