Documents
DOCUMENTS
Convention on the Prevention and Punishment of the Crime of Genocide
Approved and proposed for signature and ratification or accession by General Assembly resolution 260 A (III) of 9 December 1948
Entry into force: 12 January 1951, in accordance with article XIII
The Contracting Parties,
Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,
Recognizing that at all periods of history genocide has inflicted great losses on humanity, and
Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided :
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article V
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.
Article VI
Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Article VII
Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
Article X
The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.
Article XI
The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.
The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article XII
Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.
Article XIII
On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.
The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.
Article XIV
The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.
It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.
Article XV
If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.
Article XVI
A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.
The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.
Article XVII
The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:
(a) Signatures, ratifications and accessions received in accordance with article XI;
(b) Notifications received in accordance with article XII;
(c) The date upon which the present Convention comes into force in accordance with article XIII;
(d) Denunciations received in accordance with article XIV;
(e) The abrogation of the Convention in accordance with article XV;
(f) Notifications received in accordance with article XVI.
Article XVIII
The original of the present Convention shall be deposited in the archives of the United Nations.
A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.
Article XIX
The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.
Convention on the Prevention and Punishment of the Crime of Genocide, 1948
Resolution adopted by the General Assembly on 11 September 2015
69/323. International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime
The General Assembly,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide and other relevant international instruments,
Recalling its resolutions 96 (I) of 11 December 1946, 260 A (III) of 9 December 1948 and 53/43 of 2 December 1998 and other relevant resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide,
Recalling also Human Rights Council resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013 and 28/34 of 27 March 2015 on the prevention of genocide,
Reaffirming the significance of the Convention, adopted on 9 December 1948, as an effective international instrument for the prevention and punishment of the crime of genocide,
Acknowledging that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
Reiterating the responsibility of each individual State to protect its populations from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means, and that fighting impunity for the crime of genocide is an important factor in its prevention,
Reaffirming its resolutions 53/199 of 15 December 1998 and 61/185 of 20 December 2006 on the proclamation of international years, and Economic and Social Council resolution 1980/67 of 25 July 1980 on international years and anniversaries, particularly paragraphs 1 to 10 of the annex thereto on the agreed criteria for their proclamation, and paragraphs 13 and 14, stating that an international day or year should not be proclaimed before the basic arrangements for its organization and financing have been made,
1. Decides to proclaim 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime;
2. Encourages all Member and observer States, all organizations of the United Nations system and other international and regional organizations, and civil society, including non-governmental organizations and individuals, to observe the International Day in order to raise awareness of the Convention on the Prevention and Punishment of the Crime of Genocide2 and its role in combating and preventing the crime of genocide, as defined in the Convention, and to commemorate and honour its victims;
3. Stresses that the cost of all activities that may arise from the implementation of the present resolution shall be met from voluntary contributions;
4. Requests the Secretary-General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance.
103rd plenary meeting
11 September 2015
https://gf2022.genocideprevention.am/wp-content/uploads/2023/01/unga_resolution_2015_eng.pdf
Human Rights Council
Thirty-seventh session
26 February–23 March 2018
Agenda item 3
Resolution adopted by the Human Rights Council on 23 March 2018
37/26. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013 and 28/34 of 27 March 2015 on the prevention of genocide,
Considering that the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, provides an important opportunity for Member States and the international community to reaffirm the significance of the Convention and to continue their efforts to prevent and punish the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge that has inflicted great losses on humanity, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration the fact that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against humanity encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and emphasizing the responsibility of States to comply with their obligations under relevant international instruments to end impunity and, to that end, to thoroughly investigate and prosecute persons responsible for genocide, crimes against humanity, war crimes or other massive, serious or systematic violations of human rights and international humanitarian law in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, and in this regard stressing also the importance of strengthening the capacity of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and its positive impact on the prevention of gross violations of human rights and serious violations of international humanitarian law through a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity and promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing that an important factor in the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Noting with concern that attempts to deny or to justify the crime of genocide as defined in the Convention and established as such under international law may risk undermining the fight against impunity, reconciliation and efforts to prevent genocide,
Underlining the fact that, when designing and implementing strategies, policies and measures to address gross human rights violations and serious violations of international humanitarian law, the specific context of each situation must be taken into account with a view to preventing the recurrence of crises and future violations,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary-General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Recalling the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser, as well as of the convening of five interactive dialogues with the Special Adviser at the third, seventh, tenth, twenty-fifth and thirty-first sessions of the Council,
Recalling also the 2005 World Summit Outcome,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha, from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom Penh, from 28 February to 1 March 2013 – and noting the first international meeting of Global Action Against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014, and the second, held in Manila from 2 to 4 February 2016,
Acknowledging further that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
4. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
5. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to those States that have done so since the adoption by the Human Rights Council of its resolution 28/34, namely Benin, Malawi and Tajikistan;
6. Welcomes the launch of the appeal by the Special Adviser on the Prevention of Genocide for the universal ratification of the Convention on the Prevention and Punishment of the Crime of Genocide on the sixty-ninth anniversary of the Convention and the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime;
7. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
8. Stresses the importance of enhanced international cooperation, including through the United Nations system and regional organizations, aimed at fostering the principles enshrined in the Convention;
9. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
10. Recognizes the important role of the Secretary-General in contributing to the prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
11. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
12. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
13. Reiterates the importance of its universal periodic review mechanism, which is an important instrument for advancing human rights, and invites States to include, where appropriate, information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
14. Urges all States to implement accepted universal periodic review recommendations relating to the prevention of genocide, war crimes and crimes against humanity;
15. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
16. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan and the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
17. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
18. Invites Member States and regional and subregional organizations to look at examples of best practices for the prevention of genocide developed in other regions, where appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
19. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
20. Emphasizes the important role that education, including human rights education, can play in genocide prevention, and further encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
21. Notes the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, and other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
22. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, that will ensure that such horrendous crimes are never forgotten and provide an opportunity for everyone to learn lessons from the past and to create a safer future;
23. Welcomes the adoption by consensus of General Assembly resolution 69/323 on 11 September 2015, in which the Assembly proclaimed 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of This Crime;
24. Requests the Secretary-General, in collaboration with the Office on Genocide Prevention and the Responsibility to Protect and with relevant entities of the United Nations system, Governments and other stakeholders, to help to ensure the success of the observance by the United Nations of the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of This Crime and to assist Member States, upon request and in compliance with the provisions of resolution 69/323 relating to funding, in organizing activities for the observance of the International Day;
25. Invites the Special Adviser on the Prevention of Genocide to continue to execute the activities under his mandate, including in the follow-up to the present resolution, by providing States with guidance, assistance and follow-up, upon their request;
26. Requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States;
27. Also requests the Secretary-General to prepare a follow-up report based on information provided by States on the implementation of the provisions of the present resolution, with a particular focus on activities aimed at raising awareness of the Convention on the Prevention and Punishment of the Crime of Genocide and the realization of educational programmes and projects that contribute to the prevention of genocide, and to submit the report to the Human Rights Council at its forty-first session;
28. Requests the Office of the United Nations High Commissioner for Human Rights to organize at the thirty-ninth session of the Human Rights Council a high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, to be followed by an interactive dialogue with the Special Adviser on the Prevention of Genocide;
29. Also requests the Office of the High Commissioner to prepare a summary report on the high-level panel discussion and to submit it to the Human Rights Council at its fortieth session;
30. Decides to continue its consideration of this issue in accordance with its programme of work.
54th meeting
23 March 2018
https://gf2022.genocideprevention.am/wp-content/uploads/2023/01/res_2018_eng.pdf
Human Rights Council
Twenty-eighth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Resolution adopted by the Human Rights Council
28/34 . Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008 and 22/22 of 22 March 2013 on the prevention of genocide,
Reaffirming the significance of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, as an effective international instrument for the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge that has inflicted great losses on humanity, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against humanity encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and emphasizing the responsibility of States to comply with their obligations under relevant international instruments to end impunity and, to that end, to thoroughly investigate and prosecute persons responsible for genocide, crimes against humanity, war crimes or other massive, serious or systematic violations of human rights and international humanitarian law in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, and in this regard stressing also the importance of strengthening the capacity of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and its positive impact on the prevention of gross violations of human rights and serious violations of international humanitarian law through a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity and promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing that an important factor for the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Noting with concern that attempts to deny or to justify the crime of genocide, as defined in the Convention and established as such under international law, may risk undermining the fight against impunity, reconciliation and efforts to prevent genocide,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary-General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the new framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Taking note with appreciation of the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser, as well as of the convening of four interactive dialogues with the Special Adviser at the third, seventh, tenth and twenty-fifth sessions of the Council,
Recalling the 2005 World Summit Outcome,
Welcoming the high-level panel discussion dedicated to the sixty-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide at its twenty-fifth session, with the participation of Member States, relevant United Nations bodies, agencies and other relevant stakeholders,
Taking note of the interactive dialogue dedicated to the tenth anniversary of the creation of the mandate of the Special Adviser at its twenty-fifth session,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha, from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom Penh, from 28 February to 1 March 2013 – and taking note of the first international meeting of Global Action Against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014,
Acknowledging further that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
4. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
5. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to those States that have done so since the adoption by the Human Rights Council of its resolution 22/22;
6. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
7. Stresses the importance of enhanced international cooperation, including through the United Nations system and regional organizations, aimed at fostering the principles enshrined in the Convention;
8. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
9. Recognizes the important role of the Secretary-General in contributing to the prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
10. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
11. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
12. Reiterates the importance of its universal periodic review mechanism, which is an important instrument for advancing human rights, and invites States to include, where appropriate, the information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
13. Urges all States to implement accepted universal periodic review recommendations related to the prevention of genocide, war crimes and crimes against humanity;
14. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
15. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan and the new framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
16. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
17. Invites Member States and regional and subregional organizations to look at the examples of best practices of prevention of genocide developed in other regions, where appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
18. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
19. Emphasizes the important role that education, including human rights education, can play in genocide prevention, and further encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
20. Takes note of the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, as well as other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
21. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, which will ensure that such horrendous crimes are never forgotten and provide an opportunity for everyone to learn lessons from the past and to create a safer future;
22. Recommends that the General Assembly designate 9 December as the International Day of Commemoration and Dignity of the Victims of Genocide in order to raise awareness of the Convention on the Prevention and Punishment of the Crime of Genocide and its role in combating and preventing the crime of genocide;
23. Invites the Special Adviser on the Prevention of Genocide to continue to execute the activities under his mandate, including in the follow-up to the present resolution, by providing States with guidance, assistance and follow-up, upon their request;
24. Invites the Special Adviser to an interactive dialogue with the Human Rights Council at its thirty-first session on the progress made in discharging his duties;
25. Requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States;
26. Decides to continue its consideration of this issue in accordance with its programme of work.
59th meeting
27 March 2015
UN Human Rights Council Resolution on the Prevention of Genocide, 2015
Human Rights Council
Twenty-second session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Resolution adopted by the Human Rights Council
22/22. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, as well as other relevant international instruments,
Recalling Human Rights Council resolution 7/25 on the prevention of genocide, adopted on 28 March 2008,
Considering that the sixty-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, provides an important opportunity for the international community to draw the attention of all States to the significance of the Convention and to invite them to redouble their efforts in the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge that has inflicted great losses on humanity, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for such crimes encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Acknowledging the significant progress made by the international community in the past sixty five years, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention on the Prevention and Punishment of the Crime of Genocide,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity, promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing that an important factor for the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts to prevent situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser of the Secretary- General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the analysis framework developed by the Office of the Special Adviser on the Prevention of Genocide as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Taking note with appreciation of the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and on the activities of the Special Adviser, as well as of the convening of three interactive dialogues with the Special Adviser at the third, seventh and tenth sessions of the Council,
Recalling the 2005 World Summit Outcome,
Welcoming the seminar organized in January 2009, pursuant to Human Rights Council resolution 7/25, commemorating the sixtieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide and bringing together States, relevant United Nations entities and other international and regional organizations, civil society and academic and research bodies to discuss existing preventive strategies, initiatives and mechanisms within the United Nations human rights system, and the role of Member States, regional bodies and other entities in the prevention of genocide,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging the successful outcomes of the Regional Forums on the Prevention of Genocide, the fourth of which was held in Phnom Penh, from 28 February to 1 March 2013,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
4. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
5. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to the States that have done so since the adoption by the Human Rights Council of its resolution 7/25 on 28 March 2008;
6. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
7. Stresses the importance of enhanced international cooperation, including through the United Nations system and through regional organizations, aimed at fostering the principles enshrined in the Convention;
8. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
9. Recognizes the important role of the Secretary-General in contributing to prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
10. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
11. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
12. Reiterates the importance of the universal periodic review mechanism of the Human Rights Council, which is an important instrument for advancing human rights, and invites States to include, where appropriate, the information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
13. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention on the Prevention and Punishment of the Crime of Genocide, as well as to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
14. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan2 and the analysis framework of the Special Adviser on the Prevention of Genocide, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
15. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
16. Invites Member States and regional and subregional organizations to look at the examples of best practices of prevention of genocide developed in other regions, as appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
17. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
18. Emphasizes the important role that education, including human rights education, can play in genocide prevention, and further encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
19. Takes note of the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, as well as other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
20. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, which will ensure that such horrendous crimes are never forgotten and provide an opportunity for everyone to learn lessons from the past and create a safer future;
21. Requests the High Commissioner to organize, from within existing resources, a high-level panel discussion dedicated to the sixty-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide during its twenty-fifth session, with the participation of Member States, relevant United Nations bodies, agencies and other relevant stakeholders, and also requests the Office of High Commissioner to prepare and submit a summary report on the panel discussion;
22. Invites the Special Adviser to the Secretary-General on the Prevention of Genocide to an interactive dialogue dedicated to the tenth anniversary of the creation of the mandate of the Special Adviser at its twenty-fifth session;
23. Decides to continue its consideration of this issue in accordance with its programme of work.
49th meeting
22 March 2013
UN Human Rights Council Resolution on the Prevention of Genocide, 2013
Human Rights Council
Resolution 7/25. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, as well as other relevant international instruments,
Considering that the sixtieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, provides an important opportunity for the international community to draw the attention of all States to the significance of the Convention and to invite them to redouble their efforts for the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge which has inflicted great losses on humanity and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the 1948 Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against
Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for such crimes encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Acknowledging the significant progress made by the international community in the past 60 years, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and anticipating that the functioning of the Court with a high number of ratifications of the Statute and the functioning of other relevant international criminal tribunals will help increase accountability for the crime of genocide,
Recalling that the Council is mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights within the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser of the Secretary-General on the prevention of genocide, who acts, inter alia, as an early warning mechanism to prevent potential situations that could result in genocide,
Taking note with appreciation of the presentation of the reports of the Secretary-General submitted to the Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser (E/CN.4/2006/84 and A/HRC/7/37), as well as of the convening of two interactive dialogues with the Special Adviser at both the third and current sessions of the Council,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Expresses its appreciation to all States that have ratified or acceded to the Convention, and in particular to the States that have done so in the years following the adoption of Commission on Human Rights resolution 2005/62 of 20 April 2005;
3. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
4. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
5. Stresses the importance of enhanced international cooperation, including through the United Nations system and through regional organizations, aimed at fostering the principles enshrined in the Convention;
6. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to early detection and prevention of massive, serious and systematic violations of human rights, which if not halted, could lead to genocide;
7. Recognizes the important role of the Secretary-General in contributing to prompt consideration of early warning or prevention cases, as mandated by Security Council resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser, who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
8. Welcomes the decisions of the Secretary-General and of the General Assembly, as contained in its resolution 62/238, to retain the mandate of the Special Adviser, to upgrade his position to the level of Under-Secretary-General and to strengthen his office;
9. Requests all Governments to cooperate fully with the Special Adviser in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
10. Underlines the important role of the United Nations human rights system, including of the Council, the Office of the United Nations High Commissioner for Human Rights and the relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, and thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
11. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner for Human Rights to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to the national, ethnic, racial or religious groups as outlined in article II of the Convention on the Prevention and Punishment of the Crime of Genocide;
12. Emphasizes the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors, the existence of groups at risk, the massive, serious and systematic violation of human rights, and the resurgence of systematic discrimination, the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
13. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery, the preparatory process for the Review Conference on the implementation of the Durban Declaration and Programme of Action and any conferences commemorating the sixtieth anniversary of the Universal Declaration of Human Rights;
14. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
15. Requests the High Commissioner to circulate the reports of the Secretary-General submitted to the Council in order to obtain the views of States, relevant United Nations agencies, treaty bodies and special procedures on those reports, including on possible warning signs that might lead to genocide (E/CN.4/2006/84), and to report to the Council at its tenth session;
16. Invites the High Commissioner, as a matter of high priority and in consultations with States, to elaborate and implement, within existing resources, appropriate commemorative events to mark the sixtieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, having also in mind the commemoration of the sixtieth anniversary of the Universal Declaration of Human Rights;
17. Also invites the High Commissioner, as part of the commemorative events, and as an important contribution to developing preventive strategies, to organize, within existing resources, a seminar on the prevention of genocide, with the participation of States, relevant United Nations entities and other international and regional organizations, civil society, and academic and research bodies, and to publish a paper on the outcome of the seminar;
18. Requests the Secretary-General to make available to the Council at its tenth session an updated report on the efforts of the United Nations system to prevent genocide and on the activities of the Special Adviser, and invites the Special Adviser to an interactive dialogue with the Council at the same session on the progress made in discharging his duties;
19. Decides to continue consideration of this issue in accordance with its programme of work.
41st meeting
28 March 2008
Adopted without a vote
UN Human Rights Council Resolution on the Prevention of Genocide, 2008
Commission on Human Rights resolution 1998/10 on the 50th anniversary of the Genocide Convention
Commission on Human Rights resolution 1999/67 on the Genocide Convention
Commission on Human Rights resolution 2001/66 on the Genocide Convention
Commission on Human Rights resolution 2003/66 on the Genocide Convention
Commission on Human Rights resolution 2005/62 on the Genocide Convention
Organization for Security and Co-operation in Europe
Ministerial Counci
Helsinki 2008 Original: ENGLISH
MC.DOC/3/08
5 December 2008
Second day of the Sixteenth Meeting
MC(16) Journal No. 2, Agenda item 8
MINISTERIAL DECLARATION ON
THE 60th ANNIVERSARY OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
We, the members of the Ministerial Council of the OSCE, mark the 60th anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948 (hereinafter referred to as the Convention).
We acknowledge that the Universal Declaration of Human Rights recognized the inherent dignity and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world and we also reiterate relevant commitments enshrined in the Helsinki Final Act.
We reaffirm the significance of the Convention as an important international instrument for the prevention and punishment of the crime of genocide.
We call upon the participating States, which have not yet done so, to consider becoming Parties to the Convention as early as possible and be part of this global framework to prevent and punish the crime of genocide. We further call upon the State-Parties to increase and intensify their activities aimed at the full implementation of their obligations under the Convention.
We note that in adopting the Convention, the United Nations recognized that the crime of genocide was an odious scourge which had inflicted great losses on humanity and was convinced that international co-operation was required to facilitate the speedy prevention and punishment of the crime of genocide.
We recognize that genocide is one of the most serious crimes under international law which is condemned by international community as a whole and can never be justified.
Resolution adopted by the Human Rights Council on 22 June 2020
43/29. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013, 28/34 of 27 March 2015 and 37/26 of 23 March 2018 on the prevention of genocide,
Recognizing that at all periods of history genocide has inflicted great losses on humanity,
Reaffirming the significance of the Convention on the Prevention and Punishment of the Crime of Genocide, the first human rights treaty adopted by the General Assembly, on 9 December 1948, and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, as an effective international instrument for the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration the fact that States parties to the Convention on the Non¬-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against humanity encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and emphasizing the responsibility of States to comply with their obligations under relevant international instruments to end impunity and, to that end, to thoroughly investigate and prosecute persons responsible for genocide, crimes against humanity, war crimes or other massive, serious or systematic violations of human rights and international humanitarian law in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, and in this regard stressing also the importance of strengthening the capacity of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and its positive impact on the prevention of gross violations of human rights and serious violations of international humanitarian law through a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity and promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing the importance of preserving historic memory, without distortion, relating to gross human rights violations, abuses and serious violations of international humanitarian law through the conservation of archives, oral histories and other forms of evidence relating to those violations,
Recognizing also that an important factor in the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Expressing deep concern that genocide is typically preceded by widespread and systematic human rights violations and abuses of civil and political rights, as well as of economic, social and cultural rights, often linked to patterns of discrimination or exclusion of protected groups, populations or individuals based on their ethnic, racial, national or religious background,
Noting with concern that the crime of genocide, war crimes and crimes against humanity are often preceded or accompanied by statements by political leaders and public figures that express support for the affirmation of superiority of a race or an ethnic group, dehumanize and demonize persons belonging to minorities, disseminating hostility and prejudice against ethnic, religious or racial groups, or condone or justify violence against them,
Recognizing that gender plays a role in the planning and commission of genocide and the distinct ways it can be planned and perpetrated against women, men, girls and boys, including through acts of sexual and gender-based violence, and the importance that gender analysis has for prevention and accountability measures,
Strongly condemning violence against women and girls, such as murder, rape, including systematic rape, sexual slavery, forced pregnancy and enforced sterilization, and calling for effective measures of accountability and redress where those acts amount to violations of international human rights and humanitarian law,
Welcoming the launching of the United Nations Strategy and Plan of Action on Hate Speech as an effective tool to fight incitement to discrimination, hostility and violence,
Welcoming also the Plan of Action for Religious Leaders and Actors to Prevent Incitement to Violence that Could Lead to Atrocity Crimes,
Emphasizing that the presence of an organized, knowledgeable, strong and representative civil society and free, diverse and independent media able to operate freely would significantly reduce the risk of genocide,
Noting with concern that attempts to deny or to justify the crime of genocide as defined in the Convention and established as such under international law may risk undermining the fight against impunity, reconciliation and efforts to prevent genocide,
Expressing deep concern that justification, biased accounts or denial of past instances of genocide may increase the risk of reoccurrence of violence,
Acknowledging the necessity to protect the cultural heritage of persons belonging to minorities from intentional destruction aimed at erasing evidence of their presence as a key factor for preservation of their identity,
Recognizing the importance of fact-based casualty recording initiatives led by State authorities, independent civil society or internationally mandated organizations, and the contribution they can make to the effectiveness of early warning mechanisms, ensuring accountability, truth, justice, reparation, guarantees of non-recurrence and the preservation of historic memory, and combating genocide denial and other forms of hate speech,
Reaffirming that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,
Underlining the fact that, when designing and implementing strategies, policies and measures to address gross human rights violations and serious violations of international humanitarian law, the specific context of each situation must be taken into account with a view to preventing the recurrence of crises and future violations,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary- General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Recalling the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser, as well as the practice of convening interactive dialogues with the Special Adviser at the sessions of the Council,
Recalling also the fifteenth anniversary of the adoption of the 2005 World Summit Outcome,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha, from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom Penh, from 28 February to 1 March 2013 – and noting the first international meeting of Global Action against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014, the second, held in Manila from 2 to 4 February 2016, and the third, held in Kampala from 23 to 25 May 2018, and acknowledging the Third Global Forum against the Crime of Genocide, held in Yerevan from 9 to 11 December 2018, dedicated to the prevention of the crime of genocide through education, culture and museums, and organized with the support of the Special Adviser to the Secretary-General on the Prevention of Genocide,
Acknowledging further that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
Welcoming the report of the Secretary-General on the prevention of genocide on the implementation of provisions of its resolution 37/26, with a particular focus on activities aimed at raising awareness of the Convention on the Prevention and Punishment of the Crime of Genocide and the realization of educational programmes and projects that contribute to the prevention of genocide,
Welcoming also the summary report of the Office of the United Nations High Commissioner for Human Rights on the high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Reaffirms that the right to life under article 6 of the International Covenant on Civil and Political Rights is a right from which no derogation is permitted under article 4 of that Covenant, even in public emergencies that threaten the life of the nation, and does not permit derogation from the obligations assumed under the Convention on the Prevention and Punishment of the Crime of Genocide;
4. Recognizes the contribution that the Human Rights Council can make to the prevention of genocide, including through the mandate set out by the General Assembly in paragraph 5 (f) of its resolution 60/251 of 15 March 2006;
5. Calls upon all States to fully cooperate to this end with United Nations human rights mechanisms, including the special procedures and the treaty bodies;
6. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
7. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
8. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to those States that have done so since the adoption by the Human Rights Council of its resolution 37/26, namely Dominica, Mauritius and Turkmenistan;
9. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
10. Stresses the importance of enhanced international cooperation, including through the United Nations system and regional organizations, aimed at fostering the principles enshrined in the Convention;
11. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
12. Recognizes the important role of the Secretary-General in contributing to the prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
13. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
14. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
15. Reiterates the importance of its universal periodic review mechanism, which is an important instrument for advancing human rights, and invites States to include, where appropriate, information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
16. Urges all States to implement accepted universal periodic review recommendations relating to the prevention of genocide, war crimes and crimes against humanity;
17. Encourages the engagement of civil society in the prevention of genocide through concrete means such as advocacy, monitoring, reporting, education, conflict prevention, and resolution and reconciliation initiatives;
18. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
19. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan and the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
20. Recognizes that early warning signs of genocide may also include an increase in serious acts of violence against women and children or the creation of conditions that facilitate acts of sexual violence against those groups, including as a tool of terror, and calls upon States to take the legislative and other measures necessary to protect women and children from all forms of violence;
21. Encourages States to ensure the full enjoyment of cultural rights, to take the measures necessary to prevent the destruction of historic monuments, memorial sites, including in places where crimes or atrocities have been committed, works of art or places of worship that constitute the cultural or spiritual heritage of peoples in the context of genocide prevention;
22. Urges States to preserve archives, oral histories and other forms of evidence concerning genocide and serious violations of international human rights and humanitarian law to facilitate the sharing and dissemination of knowledge and the investigation of such violations, and to provide victims with access to an effective remedy, in accordance with international law;
23. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
24. Invites Member States and regional and subregional organizations to look at examples of best practices for the prevention of genocide developed in other regions, where appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
25. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
26. Emphasizes the important role that education, including human rights education and training, can play in genocide prevention, and encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
27. Notes the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, and other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
28. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, that will ensure that such horrendous crimes are never forgotten and will provide an opportunity for everyone to learn lessons from the past and to create a safer future;
29. Urges States to continue efforts aimed at the memorialization and remembrance of past genocides as a way to prevent them by educating society;
30. Invites States to contribute to the implementation of Sustainable Development Goal target 4.7 through teaching and learning about, inter alia, past instances and the consequences of genocide;
31. Recalls the adoption by consensus of General Assembly resolution 69/323 on 11 September 2015, in which the Assembly proclaimed 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime;
32. Invites Member States and regional and subregional organizations to observe the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime with public events that can memorialize and educate, and thereby contribute to preventing the recurrence of genocide and other mass atrocities;
33. Welcomes the role that Member States and international organizations, particularly the United Nations Organization, have played in commemorating past instances of genocide by establishing and observing official days of remembrance;
34. Requests the Secretary-General, in collaboration with the Office on Genocide Prevention and the Responsibility to Protect and with relevant entities of the United Nations system, Governments and other stakeholders, to help to ensure the success of the observance by the United Nations of the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of This Crime and to assist Member States, upon request and in compliance with the provisions of resolution 69/323 relating to funding, in organizing activities for the observance of the International Day;
35. Invites the Special Adviser on the Prevention of Genocide to continue to execute the activities under his mandate, including in the follow-up to the present resolution, by providing States with guidance, assistance and follow-up, upon their request;
36. Requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States;
37. Requests the United Nations High Commissioner for Human Rights to convene, before the forty-sixth session of the Human Rights Council, a one-day intersessional meeting with a dialogue on cooperation in strengthening capacities for the prevention of genocide, which will provide a space for States, relevant United Nations and regional human rights mechanisms, United Nations agencies, funds and programmes, national human rights institutions and other stakeholders, including academic experts and civil society organizations, to share good practices, achievements, challenges and lessons learned on the three main areas for genocide prevention: the strengthening of national capacities; the promotion of States’ participation in regional and subregional initiatives; and the strengthening of early warning and prevention mechanisms within the United Nations system;
38. Also requests the High Commissioner to prepare a summary report on the intersessional meeting and to submit it to the Human Rights Council at its forty-seventh session;
39. Invites the Special Adviser to the Secretary-General on the Prevention of Genocide to an interactive dialogue with the Human Rights Council at its forty-seventh session on the progress made in discharging his or her duties;
40. Decides to continue its consideration of this issue in accordance with its programme of work.
46th meeting
22 June 2020
Convention on the Prevention and Punishment of the Crime of Genocide
Approved and proposed for signature and ratification or accession by General Assembly resolution 260 A (III) of 9 December 1948
Entry into force: 12 January 1951, in accordance with article XIII
The Contracting Parties,
Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,
Recognizing that at all periods of history genocide has inflicted great losses on humanity, and
Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,
Hereby agree as hereinafter provided :
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article V
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.
Article VI
Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Article VII
Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
Article VIII
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
Article X
The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.
Article XI
The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.
The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article XII
Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.
Article XIII
On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a procès-verbal and transmit a copy thereof to each Member of the United Nations and to each of the non-member States contemplated in article XI.
The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.
Article XIV
The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.
It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.
Article XV
If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.
Article XVI
A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.
The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.
Article XVII
The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in article XI of the following:
(a) Signatures, ratifications and accessions received in accordance with article XI;
(b) Notifications received in accordance with article XII;
(c) The date upon which the present Convention comes into force in accordance with article XIII;
(d) Denunciations received in accordance with article XIV;
(e) The abrogation of the Convention in accordance with article XV;
(f) Notifications received in accordance with article XVI.
Article XVIII
The original of the present Convention shall be deposited in the archives of the United Nations.
A certified copy of the Convention shall be transmitted to each Member of the United Nations and to each of the non-member States contemplated in article XI.
Article XIX
The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.
Convention on the Prevention and Punishment of the Crime of Genocide, 1948
Resolution adopted by the General Assembly on 11 September 2015
69/323. International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime
The General Assembly,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide and other relevant international instruments,
Recalling its resolutions 96 (I) of 11 December 1946, 260 A (III) of 9 December 1948 and 53/43 of 2 December 1998 and other relevant resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide,
Recalling also Human Rights Council resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013 and 28/34 of 27 March 2015 on the prevention of genocide,
Reaffirming the significance of the Convention, adopted on 9 December 1948, as an effective international instrument for the prevention and punishment of the crime of genocide,
Acknowledging that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
Reiterating the responsibility of each individual State to protect its populations from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means, and that fighting impunity for the crime of genocide is an important factor in its prevention,
Reaffirming its resolutions 53/199 of 15 December 1998 and 61/185 of 20 December 2006 on the proclamation of international years, and Economic and Social Council resolution 1980/67 of 25 July 1980 on international years and anniversaries, particularly paragraphs 1 to 10 of the annex thereto on the agreed criteria for their proclamation, and paragraphs 13 and 14, stating that an international day or year should not be proclaimed before the basic arrangements for its organization and financing have been made,
1. Decides to proclaim 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime;
2. Encourages all Member and observer States, all organizations of the United Nations system and other international and regional organizations, and civil society, including non-governmental organizations and individuals, to observe the International Day in order to raise awareness of the Convention on the Prevention and Punishment of the Crime of Genocide2 and its role in combating and preventing the crime of genocide, as defined in the Convention, and to commemorate and honour its victims;
3. Stresses that the cost of all activities that may arise from the implementation of the present resolution shall be met from voluntary contributions;
4. Requests the Secretary-General to bring the present resolution to the attention of all Member States, organizations of the United Nations system and civil society organizations for appropriate observance.
103rd plenary meeting
11 September 2015
https://gf2022.genocideprevention.am/wp-content/uploads/2023/01/unga_resolution_2015_eng.pdf
Human Rights Council
Thirty-seventh session
26 February–23 March 2018
Agenda item 3
Resolution adopted by the Human Rights Council on 23 March 2018
37/26. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013 and 28/34 of 27 March 2015 on the prevention of genocide,
Considering that the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, provides an important opportunity for Member States and the international community to reaffirm the significance of the Convention and to continue their efforts to prevent and punish the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge that has inflicted great losses on humanity, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration the fact that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against humanity encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and emphasizing the responsibility of States to comply with their obligations under relevant international instruments to end impunity and, to that end, to thoroughly investigate and prosecute persons responsible for genocide, crimes against humanity, war crimes or other massive, serious or systematic violations of human rights and international humanitarian law in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, and in this regard stressing also the importance of strengthening the capacity of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and its positive impact on the prevention of gross violations of human rights and serious violations of international humanitarian law through a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity and promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing that an important factor in the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Noting with concern that attempts to deny or to justify the crime of genocide as defined in the Convention and established as such under international law may risk undermining the fight against impunity, reconciliation and efforts to prevent genocide,
Underlining the fact that, when designing and implementing strategies, policies and measures to address gross human rights violations and serious violations of international humanitarian law, the specific context of each situation must be taken into account with a view to preventing the recurrence of crises and future violations,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary-General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Recalling the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser, as well as of the convening of five interactive dialogues with the Special Adviser at the third, seventh, tenth, twenty-fifth and thirty-first sessions of the Council,
Recalling also the 2005 World Summit Outcome,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha, from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom Penh, from 28 February to 1 March 2013 – and noting the first international meeting of Global Action Against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014, and the second, held in Manila from 2 to 4 February 2016,
Acknowledging further that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
4. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
5. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to those States that have done so since the adoption by the Human Rights Council of its resolution 28/34, namely Benin, Malawi and Tajikistan;
6. Welcomes the launch of the appeal by the Special Adviser on the Prevention of Genocide for the universal ratification of the Convention on the Prevention and Punishment of the Crime of Genocide on the sixty-ninth anniversary of the Convention and the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime;
7. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
8. Stresses the importance of enhanced international cooperation, including through the United Nations system and regional organizations, aimed at fostering the principles enshrined in the Convention;
9. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
10. Recognizes the important role of the Secretary-General in contributing to the prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
11. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
12. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
13. Reiterates the importance of its universal periodic review mechanism, which is an important instrument for advancing human rights, and invites States to include, where appropriate, information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
14. Urges all States to implement accepted universal periodic review recommendations relating to the prevention of genocide, war crimes and crimes against humanity;
15. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
16. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan and the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
17. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
18. Invites Member States and regional and subregional organizations to look at examples of best practices for the prevention of genocide developed in other regions, where appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
19. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
20. Emphasizes the important role that education, including human rights education, can play in genocide prevention, and further encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
21. Notes the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, and other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
22. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, that will ensure that such horrendous crimes are never forgotten and provide an opportunity for everyone to learn lessons from the past and to create a safer future;
23. Welcomes the adoption by consensus of General Assembly resolution 69/323 on 11 September 2015, in which the Assembly proclaimed 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of This Crime;
24. Requests the Secretary-General, in collaboration with the Office on Genocide Prevention and the Responsibility to Protect and with relevant entities of the United Nations system, Governments and other stakeholders, to help to ensure the success of the observance by the United Nations of the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of This Crime and to assist Member States, upon request and in compliance with the provisions of resolution 69/323 relating to funding, in organizing activities for the observance of the International Day;
25. Invites the Special Adviser on the Prevention of Genocide to continue to execute the activities under his mandate, including in the follow-up to the present resolution, by providing States with guidance, assistance and follow-up, upon their request;
26. Requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States;
27. Also requests the Secretary-General to prepare a follow-up report based on information provided by States on the implementation of the provisions of the present resolution, with a particular focus on activities aimed at raising awareness of the Convention on the Prevention and Punishment of the Crime of Genocide and the realization of educational programmes and projects that contribute to the prevention of genocide, and to submit the report to the Human Rights Council at its forty-first session;
28. Requests the Office of the United Nations High Commissioner for Human Rights to organize at the thirty-ninth session of the Human Rights Council a high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, to be followed by an interactive dialogue with the Special Adviser on the Prevention of Genocide;
29. Also requests the Office of the High Commissioner to prepare a summary report on the high-level panel discussion and to submit it to the Human Rights Council at its fortieth session;
30. Decides to continue its consideration of this issue in accordance with its programme of work.
54th meeting
23 March 2018
https://gf2022.genocideprevention.am/wp-content/uploads/2023/01/res_2018_eng.pdf
Human Rights Council
Twenty-eighth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Resolution adopted by the Human Rights Council
28/34 . Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008 and 22/22 of 22 March 2013 on the prevention of genocide,
Reaffirming the significance of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, as an effective international instrument for the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge that has inflicted great losses on humanity, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against humanity encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and emphasizing the responsibility of States to comply with their obligations under relevant international instruments to end impunity and, to that end, to thoroughly investigate and prosecute persons responsible for genocide, crimes against humanity, war crimes or other massive, serious or systematic violations of human rights and international humanitarian law in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, and in this regard stressing also the importance of strengthening the capacity of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and its positive impact on the prevention of gross violations of human rights and serious violations of international humanitarian law through a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity and promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing that an important factor for the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Noting with concern that attempts to deny or to justify the crime of genocide, as defined in the Convention and established as such under international law, may risk undermining the fight against impunity, reconciliation and efforts to prevent genocide,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary-General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the new framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Taking note with appreciation of the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser, as well as of the convening of four interactive dialogues with the Special Adviser at the third, seventh, tenth and twenty-fifth sessions of the Council,
Recalling the 2005 World Summit Outcome,
Welcoming the high-level panel discussion dedicated to the sixty-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide at its twenty-fifth session, with the participation of Member States, relevant United Nations bodies, agencies and other relevant stakeholders,
Taking note of the interactive dialogue dedicated to the tenth anniversary of the creation of the mandate of the Special Adviser at its twenty-fifth session,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha, from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom Penh, from 28 February to 1 March 2013 – and taking note of the first international meeting of Global Action Against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014,
Acknowledging further that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
4. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
5. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to those States that have done so since the adoption by the Human Rights Council of its resolution 22/22;
6. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
7. Stresses the importance of enhanced international cooperation, including through the United Nations system and regional organizations, aimed at fostering the principles enshrined in the Convention;
8. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
9. Recognizes the important role of the Secretary-General in contributing to the prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
10. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
11. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
12. Reiterates the importance of its universal periodic review mechanism, which is an important instrument for advancing human rights, and invites States to include, where appropriate, the information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
13. Urges all States to implement accepted universal periodic review recommendations related to the prevention of genocide, war crimes and crimes against humanity;
14. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
15. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan and the new framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
16. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
17. Invites Member States and regional and subregional organizations to look at the examples of best practices of prevention of genocide developed in other regions, where appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
18. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
19. Emphasizes the important role that education, including human rights education, can play in genocide prevention, and further encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
20. Takes note of the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, as well as other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
21. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, which will ensure that such horrendous crimes are never forgotten and provide an opportunity for everyone to learn lessons from the past and to create a safer future;
22. Recommends that the General Assembly designate 9 December as the International Day of Commemoration and Dignity of the Victims of Genocide in order to raise awareness of the Convention on the Prevention and Punishment of the Crime of Genocide and its role in combating and preventing the crime of genocide;
23. Invites the Special Adviser on the Prevention of Genocide to continue to execute the activities under his mandate, including in the follow-up to the present resolution, by providing States with guidance, assistance and follow-up, upon their request;
24. Invites the Special Adviser to an interactive dialogue with the Human Rights Council at its thirty-first session on the progress made in discharging his duties;
25. Requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States;
26. Decides to continue its consideration of this issue in accordance with its programme of work.
59th meeting
27 March 2015
UN Human Rights Council Resolution on the Prevention of Genocide, 2015
Human Rights Council
Twenty-second session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Resolution adopted by the Human Rights Council
22/22. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, as well as other relevant international instruments,
Recalling Human Rights Council resolution 7/25 on the prevention of genocide, adopted on 28 March 2008,
Considering that the sixty-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, provides an important opportunity for the international community to draw the attention of all States to the significance of the Convention and to invite them to redouble their efforts in the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge that has inflicted great losses on humanity, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for such crimes encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Acknowledging the significant progress made by the international community in the past sixty five years, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention on the Prevention and Punishment of the Crime of Genocide,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity, promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing that an important factor for the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts to prevent situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser of the Secretary- General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the analysis framework developed by the Office of the Special Adviser on the Prevention of Genocide as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Taking note with appreciation of the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and on the activities of the Special Adviser, as well as of the convening of three interactive dialogues with the Special Adviser at the third, seventh and tenth sessions of the Council,
Recalling the 2005 World Summit Outcome,
Welcoming the seminar organized in January 2009, pursuant to Human Rights Council resolution 7/25, commemorating the sixtieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide and bringing together States, relevant United Nations entities and other international and regional organizations, civil society and academic and research bodies to discuss existing preventive strategies, initiatives and mechanisms within the United Nations human rights system, and the role of Member States, regional bodies and other entities in the prevention of genocide,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging the successful outcomes of the Regional Forums on the Prevention of Genocide, the fourth of which was held in Phnom Penh, from 28 February to 1 March 2013,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
4. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
5. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to the States that have done so since the adoption by the Human Rights Council of its resolution 7/25 on 28 March 2008;
6. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
7. Stresses the importance of enhanced international cooperation, including through the United Nations system and through regional organizations, aimed at fostering the principles enshrined in the Convention;
8. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
9. Recognizes the important role of the Secretary-General in contributing to prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
10. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
11. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
12. Reiterates the importance of the universal periodic review mechanism of the Human Rights Council, which is an important instrument for advancing human rights, and invites States to include, where appropriate, the information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
13. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention on the Prevention and Punishment of the Crime of Genocide, as well as to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
14. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan2 and the analysis framework of the Special Adviser on the Prevention of Genocide, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
15. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
16. Invites Member States and regional and subregional organizations to look at the examples of best practices of prevention of genocide developed in other regions, as appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
17. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
18. Emphasizes the important role that education, including human rights education, can play in genocide prevention, and further encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
19. Takes note of the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, as well as other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
20. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, which will ensure that such horrendous crimes are never forgotten and provide an opportunity for everyone to learn lessons from the past and create a safer future;
21. Requests the High Commissioner to organize, from within existing resources, a high-level panel discussion dedicated to the sixty-fifth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide during its twenty-fifth session, with the participation of Member States, relevant United Nations bodies, agencies and other relevant stakeholders, and also requests the Office of High Commissioner to prepare and submit a summary report on the panel discussion;
22. Invites the Special Adviser to the Secretary-General on the Prevention of Genocide to an interactive dialogue dedicated to the tenth anniversary of the creation of the mandate of the Special Adviser at its twenty-fifth session;
23. Decides to continue its consideration of this issue in accordance with its programme of work.
49th meeting
22 March 2013
UN Human Rights Council Resolution on the Prevention of Genocide, 2013
Human Rights Council
Resolution 7/25. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, as well as other relevant international instruments,
Considering that the sixtieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, provides an important opportunity for the international community to draw the attention of all States to the significance of the Convention and to invite them to redouble their efforts for the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge which has inflicted great losses on humanity and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the 1948 Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration that States parties to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against
Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for such crimes encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Acknowledging the significant progress made by the international community in the past 60 years, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and anticipating that the functioning of the Court with a high number of ratifications of the Statute and the functioning of other relevant international criminal tribunals will help increase accountability for the crime of genocide,
Recalling that the Council is mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights within the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser of the Secretary-General on the prevention of genocide, who acts, inter alia, as an early warning mechanism to prevent potential situations that could result in genocide,
Taking note with appreciation of the presentation of the reports of the Secretary-General submitted to the Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser (E/CN.4/2006/84 and A/HRC/7/37), as well as of the convening of two interactive dialogues with the Special Adviser at both the third and current sessions of the Council,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Expresses its appreciation to all States that have ratified or acceded to the Convention, and in particular to the States that have done so in the years following the adoption of Commission on Human Rights resolution 2005/62 of 20 April 2005;
3. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
4. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
5. Stresses the importance of enhanced international cooperation, including through the United Nations system and through regional organizations, aimed at fostering the principles enshrined in the Convention;
6. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to early detection and prevention of massive, serious and systematic violations of human rights, which if not halted, could lead to genocide;
7. Recognizes the important role of the Secretary-General in contributing to prompt consideration of early warning or prevention cases, as mandated by Security Council resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser, who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
8. Welcomes the decisions of the Secretary-General and of the General Assembly, as contained in its resolution 62/238, to retain the mandate of the Special Adviser, to upgrade his position to the level of Under-Secretary-General and to strengthen his office;
9. Requests all Governments to cooperate fully with the Special Adviser in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
10. Underlines the important role of the United Nations human rights system, including of the Council, the Office of the United Nations High Commissioner for Human Rights and the relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, and thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
11. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner for Human Rights to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to the national, ethnic, racial or religious groups as outlined in article II of the Convention on the Prevention and Punishment of the Crime of Genocide;
12. Emphasizes the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors, the existence of groups at risk, the massive, serious and systematic violation of human rights, and the resurgence of systematic discrimination, the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
13. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery, the preparatory process for the Review Conference on the implementation of the Durban Declaration and Programme of Action and any conferences commemorating the sixtieth anniversary of the Universal Declaration of Human Rights;
14. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
15. Requests the High Commissioner to circulate the reports of the Secretary-General submitted to the Council in order to obtain the views of States, relevant United Nations agencies, treaty bodies and special procedures on those reports, including on possible warning signs that might lead to genocide (E/CN.4/2006/84), and to report to the Council at its tenth session;
16. Invites the High Commissioner, as a matter of high priority and in consultations with States, to elaborate and implement, within existing resources, appropriate commemorative events to mark the sixtieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, having also in mind the commemoration of the sixtieth anniversary of the Universal Declaration of Human Rights;
17. Also invites the High Commissioner, as part of the commemorative events, and as an important contribution to developing preventive strategies, to organize, within existing resources, a seminar on the prevention of genocide, with the participation of States, relevant United Nations entities and other international and regional organizations, civil society, and academic and research bodies, and to publish a paper on the outcome of the seminar;
18. Requests the Secretary-General to make available to the Council at its tenth session an updated report on the efforts of the United Nations system to prevent genocide and on the activities of the Special Adviser, and invites the Special Adviser to an interactive dialogue with the Council at the same session on the progress made in discharging his duties;
19. Decides to continue consideration of this issue in accordance with its programme of work.
41st meeting
28 March 2008
Adopted without a vote
UN Human Rights Council Resolution on the Prevention of Genocide, 2008
Commission on Human Rights resolution 1998/10 on the 50th anniversary of the Genocide Convention
Commission on Human Rights resolution 1999/67 on the Genocide Convention
Commission on Human Rights resolution 2001/66 on the Genocide Convention
Commission on Human Rights resolution 2003/66 on the Genocide Convention
Commission on Human Rights resolution 2005/62 on the Genocide Convention
Organization for Security and Co-operation in Europe
Ministerial Counci
Helsinki 2008 Original: ENGLISH
MC.DOC/3/08
5 December 2008
Second day of the Sixteenth Meeting
MC(16) Journal No. 2, Agenda item 8
MINISTERIAL DECLARATION ON
THE 60th ANNIVERSARY OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
We, the members of the Ministerial Council of the OSCE, mark the 60th anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948 (hereinafter referred to as the Convention).
We acknowledge that the Universal Declaration of Human Rights recognized the inherent dignity and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world and we also reiterate relevant commitments enshrined in the Helsinki Final Act.
We reaffirm the significance of the Convention as an important international instrument for the prevention and punishment of the crime of genocide.
We call upon the participating States, which have not yet done so, to consider becoming Parties to the Convention as early as possible and be part of this global framework to prevent and punish the crime of genocide. We further call upon the State-Parties to increase and intensify their activities aimed at the full implementation of their obligations under the Convention.
We note that in adopting the Convention, the United Nations recognized that the crime of genocide was an odious scourge which had inflicted great losses on humanity and was convinced that international co-operation was required to facilitate the speedy prevention and punishment of the crime of genocide.
We recognize that genocide is one of the most serious crimes under international law which is condemned by international community as a whole and can never be justified.
Resolution adopted by the Human Rights Council on 22 June 2020
43/29. Prevention of genocide
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013, 28/34 of 27 March 2015 and 37/26 of 23 March 2018 on the prevention of genocide,
Recognizing that at all periods of history genocide has inflicted great losses on humanity,
Reaffirming the significance of the Convention on the Prevention and Punishment of the Crime of Genocide, the first human rights treaty adopted by the General Assembly, on 9 December 1948, and succeeded by the adoption of the Universal Declaration of Human Rights on the next day, as an effective international instrument for the prevention and punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious scourge, and that further international cooperation is required to facilitate the timely prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as such by the international community, on the basis of and as defined in the Convention, and bearing in mind that massive, serious and systematic violations of human rights and international humanitarian law might result in genocide,
Taking into consideration the fact that States parties to the Convention on the Non¬-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26 November 1968 have agreed that no statutory limitation shall apply to such crimes, including the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against humanity encourages their occurrence and is a fundamental obstacle to the furtherance of cooperation among peoples and the promotion of international peace and security, and that fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and emphasizing the responsibility of States to comply with their obligations under relevant international instruments to end impunity and, to that end, to thoroughly investigate and prosecute persons responsible for genocide, crimes against humanity, war crimes or other massive, serious or systematic violations of human rights and international humanitarian law in order to avoid their recurrence and to seek sustainable peace, justice, truth and reconciliation, and in this regard stressing also the importance of strengthening the capacity of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community, including within the United Nations system, in developing relevant mechanisms and practices to prevent and punish the crime of genocide, thereby contributing to the effective implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the Assembly declared genocide a crime under international law, and all subsequent resolutions within the United Nations system that have contributed to the establishment and development of the process of prevention and punishment of the crime of genocide, including Assembly resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious crimes of concern to the international community as a whole in the Rome Statute of the International Criminal Court, and also acknowledging the role of the Court and other relevant international criminal tribunals in helping to increase accountability for the crime of genocide,
Stressing the importance of the promotion of truth, justice, reparation and guarantees of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and its positive impact on the prevention of gross violations of human rights and serious violations of international humanitarian law through a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth, and encouraging States to cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as an important element in combating impunity and promoting accountability as part of the prevention of genocide and comprehensive reconciliation,
Recognizing the importance of preserving historic memory, without distortion, relating to gross human rights violations, abuses and serious violations of international humanitarian law through the conservation of archives, oral histories and other forms of evidence relating to those violations,
Recognizing also that an important factor in the prevention of genocide is the identification of the root causes of genocide, as well as early warning signs,
Expressing deep concern that genocide is typically preceded by widespread and systematic human rights violations and abuses of civil and political rights, as well as of economic, social and cultural rights, often linked to patterns of discrimination or exclusion of protected groups, populations or individuals based on their ethnic, racial, national or religious background,
Noting with concern that the crime of genocide, war crimes and crimes against humanity are often preceded or accompanied by statements by political leaders and public figures that express support for the affirmation of superiority of a race or an ethnic group, dehumanize and demonize persons belonging to minorities, disseminating hostility and prejudice against ethnic, religious or racial groups, or condone or justify violence against them,
Recognizing that gender plays a role in the planning and commission of genocide and the distinct ways it can be planned and perpetrated against women, men, girls and boys, including through acts of sexual and gender-based violence, and the importance that gender analysis has for prevention and accountability measures,
Strongly condemning violence against women and girls, such as murder, rape, including systematic rape, sexual slavery, forced pregnancy and enforced sterilization, and calling for effective measures of accountability and redress where those acts amount to violations of international human rights and humanitarian law,
Welcoming the launching of the United Nations Strategy and Plan of Action on Hate Speech as an effective tool to fight incitement to discrimination, hostility and violence,
Welcoming also the Plan of Action for Religious Leaders and Actors to Prevent Incitement to Violence that Could Lead to Atrocity Crimes,
Emphasizing that the presence of an organized, knowledgeable, strong and representative civil society and free, diverse and independent media able to operate freely would significantly reduce the risk of genocide,
Noting with concern that attempts to deny or to justify the crime of genocide as defined in the Convention and established as such under international law may risk undermining the fight against impunity, reconciliation and efforts to prevent genocide,
Expressing deep concern that justification, biased accounts or denial of past instances of genocide may increase the risk of reoccurrence of violence,
Acknowledging the necessity to protect the cultural heritage of persons belonging to minorities from intentional destruction aimed at erasing evidence of their presence as a key factor for preservation of their identity,
Recognizing the importance of fact-based casualty recording initiatives led by State authorities, independent civil society or internationally mandated organizations, and the contribution they can make to the effectiveness of early warning mechanisms, ensuring accountability, truth, justice, reparation, guarantees of non-recurrence and the preservation of historic memory, and combating genocide denial and other forms of hate speech,
Reaffirming that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,
Underlining the fact that, when designing and implementing strategies, policies and measures to address gross human rights violations and serious violations of international humanitarian law, the specific context of each situation must be taken into account with a view to preventing the recurrence of crises and future violations,
Recalling that the Human Rights Council was mandated by the General Assembly to address situations of violations of human rights, including gross and systematic violations, and to make recommendations thereon, and that it should also promote the effective coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary- General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism to prevent potential situations that could result in genocide,
Taking note of the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect as one of the tools to assess the risk of genocide in any situation, and encouraging Member States and regional and subregional organizations to use relevant frameworks, as appropriate, for guidance in their prevention work,
Recalling the presentation of the reports of the Secretary-General submitted to the Human Rights Council on the implementation of the Five-Point Action Plan and the activities of the Special Adviser, as well as the practice of convening interactive dialogues with the Special Adviser at the sessions of the Council,
Recalling also the fifteenth anniversary of the adoption of the 2005 World Summit Outcome,
Acknowledging the important role played by regional and subregional arrangements in the prevention of genocide and response to situations that may lead to genocide, and taking note in this respect of the establishment of the Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms of Discrimination by the International Conference on the Great Lakes Region, and of the establishment of respective national committees by the member States of the Conference, the Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha, from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom Penh, from 28 February to 1 March 2013 – and noting the first international meeting of Global Action against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014, the second, held in Manila from 2 to 4 February 2016, and the third, held in Kampala from 23 to 25 May 2018, and acknowledging the Third Global Forum against the Crime of Genocide, held in Yerevan from 9 to 11 December 2018, dedicated to the prevention of the crime of genocide through education, culture and museums, and organized with the support of the Special Adviser to the Secretary-General on the Prevention of Genocide,
Acknowledging further that victims of and others affected by the crime of genocide as defined in the Convention call for a form of memorialization, which plays an important role in the prevention of genocide,
Welcoming the report of the Secretary-General on the prevention of genocide on the implementation of provisions of its resolution 37/26, with a particular focus on activities aimed at raising awareness of the Convention on the Prevention and Punishment of the Crime of Genocide and the realization of educational programmes and projects that contribute to the prevention of genocide,
Welcoming also the summary report of the Office of the United Nations High Commissioner for Human Rights on the high-level panel discussion to commemorate the seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide,
1. Reaffirms the significance of the Convention on the Prevention and Punishment of the Crime of Genocide as an effective international instrument for the prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means;
3. Reaffirms that the right to life under article 6 of the International Covenant on Civil and Political Rights is a right from which no derogation is permitted under article 4 of that Covenant, even in public emergencies that threaten the life of the nation, and does not permit derogation from the obligations assumed under the Convention on the Prevention and Punishment of the Crime of Genocide;
4. Recognizes the contribution that the Human Rights Council can make to the prevention of genocide, including through the mandate set out by the General Assembly in paragraph 5 (f) of its resolution 60/251 of 15 March 2006;
5. Calls upon all States to fully cooperate to this end with United Nations human rights mechanisms, including the special procedures and the treaty bodies;
6. Encourages Member States to build their capacity to prevent genocide through the development of individual expertise and the creation of appropriate offices within Governments to strengthen the work on prevention;
7. Encourages States to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
8. Expresses its appreciation to all States that have ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to those States that have done so since the adoption by the Human Rights Council of its resolution 37/26, namely Dominica, Mauritius and Turkmenistan;
9. Calls upon States that have not yet ratified or acceded to the Convention to consider doing so as a matter of high priority and, where necessary, to enact national legislation in conformity with the provisions of the Convention;
10. Stresses the importance of enhanced international cooperation, including through the United Nations system and regional organizations, aimed at fostering the principles enshrined in the Convention;
11. Calls upon all States, in order to deter future occurrences of genocide, to cooperate, including through the United Nations system, in strengthening appropriate collaboration among existing mechanisms that contribute to the early detection and prevention of massive, serious and systematic violations of human rights that, if not halted, could lead to genocide;
12. Recognizes the important role of the Secretary-General in contributing to the prompt consideration of cases of early warning or prevention, as mandated by the Security Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special Adviser on the Prevention of Genocide who, in accordance with his mandate, collects existing information, in particular from within the United Nations system, liaises with the United Nations system on activities for the prevention of genocide and works to enhance the capacity of the United Nations to analyse and manage information relating to genocide or related crimes;
13. Requests all Governments to cooperate fully with the Special Adviser on the Prevention of Genocide in the performance of his work, to furnish all relevant information requested and to react promptly to his urgent appeals;
14. Underlines the important role of the United Nations human rights system, including that of the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights and relevant special procedures and treaty bodies in addressing the challenge of collating information on massive, serious and systematic violations of human rights, thereby contributing to a better understanding and early warning of complex situations that might lead to genocide;
15. Reiterates the importance of its universal periodic review mechanism, which is an important instrument for advancing human rights, and invites States to include, where appropriate, information on the prevention of genocide, war crimes and crimes against humanity in their national reports;
16. Urges all States to implement accepted universal periodic review recommendations relating to the prevention of genocide, war crimes and crimes against humanity;
17. Encourages the engagement of civil society in the prevention of genocide through concrete means such as advocacy, monitoring, reporting, education, conflict prevention, and resolution and reconciliation initiatives;
18. Encourages the Special Adviser on the Prevention of Genocide and the High Commissioner to further enhance the systematic exchange of information between their offices and between the Special Adviser and all relevant special procedures, including those concerned with the promotion and protection of human rights of persons belonging to national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to continue collaboration with relevant international, regional and subregional organizations, national human rights institutions and civil society;
19. Reiterates the importance, when addressing complex situations that might lead to genocide as defined in the Convention, of a prompt and comprehensive examination of a set of multiple factors, including legal factors and possible warning signs as identified in, inter alia, the report of the Secretary-General on the implementation of the Five-Point Action Plan and the framework of analysis for atrocity crimes developed by the Office of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the existence of groups at risk, the massive, serious and systematic violation of human rights, the resurgence of systematic discrimination and the prevalence of expressions of hate speech targeting persons belonging to national, ethnic, racial or religious groups, especially if they are uttered in the context of an actual or potential outbreak of violence;
20. Recognizes that early warning signs of genocide may also include an increase in serious acts of violence against women and children or the creation of conditions that facilitate acts of sexual violence against those groups, including as a tool of terror, and calls upon States to take the legislative and other measures necessary to protect women and children from all forms of violence;
21. Encourages States to ensure the full enjoyment of cultural rights, to take the measures necessary to prevent the destruction of historic monuments, memorial sites, including in places where crimes or atrocities have been committed, works of art or places of worship that constitute the cultural or spiritual heritage of peoples in the context of genocide prevention;
22. Urges States to preserve archives, oral histories and other forms of evidence concerning genocide and serious violations of international human rights and humanitarian law to facilitate the sharing and dissemination of knowledge and the investigation of such violations, and to provide victims with access to an effective remedy, in accordance with international law;
23. Encourages States to make use of appropriate international and regional forums to address the issue of prevention of genocide, including, inter alia, the annual meetings of regional and thematic organizations and their related human rights machinery dedicated to the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide;
24. Invites Member States and regional and subregional organizations to look at examples of best practices for the prevention of genocide developed in other regions, where appropriate, taking into account their specific regional and national circumstances, with the aim of exchanging experiences and good practices in order to strengthen prevention measures, including early warning mechanisms and forms of cooperation;
25. Encourages Governments, in cooperation with international and regional organizations and civil society, while promoting human rights education activities, to continue to disseminate knowledge of the principles of the Convention, paying particular attention to the principles of prevention;
26. Emphasizes the important role that education, including human rights education and training, can play in genocide prevention, and encourages Governments to promote, as appropriate, educational programmes and projects that contribute to the prevention of genocide;
27. Notes the provision of training and technical assistance to Member States by the United Nations to strengthen early warning mechanisms for the prevention of genocide, and other prevention capacities, and encourages Member States to consider requesting such assistance, if required;
28. Invites States as a preventive measure to provide appropriate ways, which may include the establishment of national days of remembrance of victims of genocide, war crimes and crimes against humanity, that will ensure that such horrendous crimes are never forgotten and will provide an opportunity for everyone to learn lessons from the past and to create a safer future;
29. Urges States to continue efforts aimed at the memorialization and remembrance of past genocides as a way to prevent them by educating society;
30. Invites States to contribute to the implementation of Sustainable Development Goal target 4.7 through teaching and learning about, inter alia, past instances and the consequences of genocide;
31. Recalls the adoption by consensus of General Assembly resolution 69/323 on 11 September 2015, in which the Assembly proclaimed 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime;
32. Invites Member States and regional and subregional organizations to observe the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime with public events that can memorialize and educate, and thereby contribute to preventing the recurrence of genocide and other mass atrocities;
33. Welcomes the role that Member States and international organizations, particularly the United Nations Organization, have played in commemorating past instances of genocide by establishing and observing official days of remembrance;
34. Requests the Secretary-General, in collaboration with the Office on Genocide Prevention and the Responsibility to Protect and with relevant entities of the United Nations system, Governments and other stakeholders, to help to ensure the success of the observance by the United Nations of the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and the Prevention of This Crime and to assist Member States, upon request and in compliance with the provisions of resolution 69/323 relating to funding, in organizing activities for the observance of the International Day;
35. Invites the Special Adviser on the Prevention of Genocide to continue to execute the activities under his mandate, including in the follow-up to the present resolution, by providing States with guidance, assistance and follow-up, upon their request;
36. Requests the Secretary-General to draw up a roster of focal points and networks on the prevention of genocide with updated information from Member States;
37. Requests the United Nations High Commissioner for Human Rights to convene, before the forty-sixth session of the Human Rights Council, a one-day intersessional meeting with a dialogue on cooperation in strengthening capacities for the prevention of genocide, which will provide a space for States, relevant United Nations and regional human rights mechanisms, United Nations agencies, funds and programmes, national human rights institutions and other stakeholders, including academic experts and civil society organizations, to share good practices, achievements, challenges and lessons learned on the three main areas for genocide prevention: the strengthening of national capacities; the promotion of States’ participation in regional and subregional initiatives; and the strengthening of early warning and prevention mechanisms within the United Nations system;
38. Also requests the High Commissioner to prepare a summary report on the intersessional meeting and to submit it to the Human Rights Council at its forty-seventh session;
39. Invites the Special Adviser to the Secretary-General on the Prevention of Genocide to an interactive dialogue with the Human Rights Council at its forty-seventh session on the progress made in discharging his or her duties;
40. Decides to continue its consideration of this issue in accordance with its programme of work.
46th meeting
22 June 2020