A/RES/60/147
Recalling the provisions providing a right to a remedy for victims of violations
of international human rights found in regional conventions, in particular article 7 of
the African Charter on Human and Peoples’ Rights, 11 article 25 of the American
Convention on Human Rights,12 and article 13 of the Convention for the Protection
of Human Rights and Fundamental Freedoms,13
Recalling the Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power emanating from the deliberations of the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders and General
Assembly resolution 40/34 of 29 November 1985 by which the Assembly adopted
the text recommended by the Congress,
Reaffirming the principles enunciated in the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power, including that victims should be
treated with compassion and respect for their dignity, have their right to access to
justice and redress mechanisms fully respected, and that the establishment,
strengthening and expansion of national funds for compensation to victims should
be encouraged, together with the expeditious development of appropriate rights and
remedies for victims,
Noting that the Rome Statute of the International Criminal Court requires the
establishment of “principles relating to reparations to, or in respect of, victims,
including restitution, compensation and rehabilitation”, requires the Assembly of
States Parties to establish a trust fund for the benefit of victims of crimes within the
jurisdiction of the Court, and of the families of such victims, and mandates the
Court “to protect the safety, physical and psychological well-being, dignity and
privacy of victims” and to permit the participation of victims at all “stages of the
proceedings determined to be appropriate by the Court”,
Affirming that the Basic Principles and Guidelines contained herein are
directed at gross violations of international human rights law and serious violations
of international humanitarian law which, by their very grave nature, constitute an
affront to human dignity,
Emphasizing that the Basic Principles and Guidelines contained herein do not
entail new international or domestic legal obligations but identify mechanisms,
modalities, procedures and methods for the implementation of existing legal
obligations under international human rights law and international humanitarian law
which are complementary though different as to their norms,
Recalling that international law contains the obligation to prosecute
perpetrators of certain international crimes in accordance with international
obligations of States and the requirements of national law or as provided for in the
applicable statutes of international judicial organs, and that the duty to prosecute
reinforces the international legal obligations to be carried out in accordance with
national legal requirements and procedures and supports the concept of
complementarity,
_______________
11
United Nations, Treaty Series, vol. 1520, No. 26363.
Ibid., vol. 1144, No. 17955.
13
Ibid., vol. 213, No. 2889.
12
3