Hrc.res.a.1 updated


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Hrc.res.a.1 updated

  1. 1. Council: The Human Rights Council Date: March 24th, 2011 HRC/Res/A/1 Topic: Questioning Genocide Through Historical Cases Sponsors: The Russian Federation, The United States of America, The People’s Republic of China, The Republic of Cuba, The United Kingdom of Great Britain and Northern Ireland, The republic of Angola, The United Mexican states, the Kingdom of Bahrain, the Islamic Republic of Pakistan Co-Sponsors: The Republic of Uganda, The Hashemite Kingdom of Jordan, The Federal Republic of Nigeria and The Republic of Korea 1 Reaffirming the principles of the Universal Declaration of Human Rights and 2 acknowledging the inherent rights of every individual, 3 4 Emphasizing the implications of the International Bill of Rights outlining the 5 fundamental rights of each human being, 6 7 Respecting the principles outlined in the International Covenant on Civil and 8 Political Rights with emphasis on Article 6(1) stating that “Every human being has 9 the inherent right to life. This right shall be protected by law. No one shall be10 arbitrarily deprived of his life”,1112 Stressing the vital role of international, regional and domestic institutions in13 upholding Human Rights and the dignity of every person,1415 Recalling the necessity of holding those in violation of Human Rights accountable16 and the implementation of just punishment accordingly,1718 Endorsing the strict implementation of the Convention on the Prevention and19 Punishment of the Crime of Genocide and affirming the obligation of participating20 countries to prevent and punish such crimes,2122 Noting with approval the International Criminal Court’s jurisdiction outlined in23 Article 5 as such:24 1. The jurisdiction of the Court shall be limited to the most serious crimes of25 concern to the international community as a whole. The Court has jurisdiction26 in accordance with this Statute with respect to the following crimes:27 a. The crime of genocide;28 b. Crimes against humanity;29 c. War crimes;
  2. 2. 30 d. The crime of aggression,3132 Referring to the specified parameters of “crimes against humanity” instated by the33 International Criminal Court in Article 7 which reads:34 1. For the purpose of this Statute, “crime against humanity” means any of the35 following acts when committed as part of a widespread or systematic attack36 directed against any civilian population, with knowledge of the attack:37 a. Murder;38 b. Extermination;39 c. Enslavement;40 d. Deportation or forcible transfer of population;41 e. Imprisonment or other severe deprivation of physical liberty in42 violation of fundamental rules of international law;43 f. Torture;44 g. Rape, sexual slavery, enforced prostitution, forced pregnancy,45 enforced sterilization, or any other form of sexual violence of46 comparable gravity;47 h. Persecution against any identifiable group or collectivity on48 political, racial, national, ethnic, cultural, religious, gender or other49 grounds that are universally recognized as impermissible under50 international law, in connection with any act referred to in this51 paragraph or any crime within the jurisdiction of the Court;52 i. Enforced disappearance of persons;53 j. The crime of apartheid;54 k. Other inhumane acts of a similar character intentionally causing55 great suffering, or serious injury to body or to mental or physical56 health,5758 Citing the International Criminal Court’s specified jurisdiction in the event of war59 crimes taking place and noting the present classification of actions deemed as “war60 crimes” outlined in Article 8, which states:6162 1. The Court shall have jurisdiction in respect of war crimes in particular63 when committed as part of a plan or policy or as part of a large-scale64 commission of such crimes.65 2. For the purpose of this Statute, “war crimes” means:66 a. Grave breaches of the Geneva Conventions of 12 August 1949,67 namely, any of the following acts against persons or property68 protected under the provisions of the relevant Geneva Convention:69 i. Willful killing;70 ii. Torture or inhuman treatment, including biological71 experiments;72 iii. Willfully causing great suffering, or serious injury to body or73 health;74 iv. Extensive destruction and appropriation of property, not75 justified by military necessity and carried out unlawfully and
  3. 3. 76 wantonly; 77 v. Compelling a prisoner of war or other protected person to 78 serve in the forces of a hostile Power; 79 vi. Willfully depriving a prisoner of war or other protected 80 person of the rights of fair and regular trial; 81 vii. Unlawful deportation or transfer or unlawful confinement; 82 viii. Taking of hostages, 83 Confirming the definition of the term genocide as mentioned in the Convention on 84 the Prevention and Punishment of the Crime of Genocide. "Genocide" denotes any of 85 the following acts committed with intent to destroy, in whole or in part, a national, 86 ethnical, racial or religious group, as such: 87 a. Killing members of the group; 88 b. Causing serious bodily or mental harm to members of the group; 89 c. Deliberately inflicting on the group conditions of life calculated to 90 bring about its physical destruction in whole or in part; 91 d. Imposing measures intended to prevent births within the group; 92 e. Forcibly transferring children of the group to another group, 93 Clarifying that the group victimized in the years between 1975- 1979 consisted of 94 Buddhist Monks, Muslim Cham, Chinese and Vietnamese nationals as well as 95 students, intellectuals, teachers, engineers, medical doctors, literary scholars, people 96 with any connection to the old regime, persons with connection to foreign agencies 97 and are therefore not of specifically racial, ethnic, national or religious nature as 98 such, 99100 The Human Rights Council hereby:101102 1- Recognizes the atrocities that occurred in Cambodia under the Pol Pot103 regime as blatant violations of International Human Rights law;104105 2- Believes that cooperation between countries is paramount to address and106 condemn the horrendous actions undertaken by the Khmer Rouge;107108 3- Alarms states of the misuse and/or abuse of the term “genocide” in order to109 conserve the integrity of the Convention on the Prevention and Punishment110 of the Crime of Genocide;111112113 4- Reiterates that it is of utmost importance to evaluate current case at hand as114 a crime against humanity in order to ensure accountability of the parties115 responsible for the said atrocities;116117 5- Seeks the holding of any state liable if it fails to prevent such crimes against118 humanity from happening;
  4. 4. 119120121 6- Reaffirms the principle of individual criminal responsibility stating that it is122 necessary to prosecute the individuals who misuse their posts as state123 agents;124125 7- Welcomes the establishment of an ad hoc tribunal putting the perpetrators126 of said crime on trial and holding them accountable accordingly;127128129 8- Demands the swift implementation of the convention on genocide excluding130 political, cultural and social groups as such ;131132 9- Calls upon all delegations present to incorporate measures in their domestic133 laws that are in compliance with minimum international standards for the134 prevention and punishment of international crimes;135136 10- Suggests that the court should prosecute and try individuals for war crimes137 and crimes against humanity and could be authorized to impose prison138 sentence.