A/RES/60/147
Noting that contemporary forms of victimization, while essentially directed
against persons, may nevertheless also be directed against groups of persons who
are targeted collectively,
Recognizing that, in honouring the victims’ right to benefit from remedies and
reparation, the international community keeps faith with the plight of victims,
survivors and future human generations and reaffirms the international legal
principles of accountability, justice and the rule of law,
Convinced that, in adopting a victim-oriented perspective, the international
community affirms its human solidarity with victims of violations of international
law, including violations of international human rights law and international
humanitarian law, as well as with humanity at large, in accordance with the
following Basic Principles and Guidelines,
Adopts the following Basic Principles and Guidelines:
I.
Obligation to respect, ensure respect for and implement international
human rights law and international humanitarian law
1.
The obligation to respect, ensure respect for and implement international
human rights law and international humanitarian law as provided for under the
respective bodies of law emanates from:
(a)
Treaties to which a State is a party;
(b)
Customary international law;
(c)
The domestic law of each State.
2.
If they have not already done so, States shall, as required under international
law, ensure that their domestic law is consistent with their international legal
obligations by:
(a) Incorporating norms of international human rights law and international
humanitarian law into their domestic law, or otherwise implementing them in their
domestic legal system;
(b) Adopting appropriate and effective legislative and administrative
procedures and other appropriate measures that provide fair, effective and prompt
access to justice;
(c) Making available adequate, effective, prompt and appropriate remedies,
including reparation, as defined below;
(d) Ensuring that their domestic law provides at least the same level of
protection for victims as that required by their international obligations.
II.
Scope of the obligation
3.
The obligation to respect, ensure respect for and implement international
human rights law and international humanitarian law as provided for under the
respective bodies of law, includes, inter alia, the duty to:
(a) Take appropriate legislative and administrative and other appropriate
measures to prevent violations;
(b) Investigate violations effectively, promptly, thoroughly and impartially
and, where appropriate, take action against those allegedly responsible in
accordance with domestic and international law;
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