III. ACCOUNTABILITY AND THE RIGHTS OF VICTIMS
United Nations conducts internal investigations of reported violations and
reports on the results.128 Moreover, these individuals’ home States have
jurisdiction and, when acting through the United Nations, including through
the Security Council, must take steps to prevent violations and to ensure
accountability of their own nationals in accordance with international
human rights law and international humanitarian law requirements.
C. VICTIMS’ RIGHTS WITH RESPECT TO INTERNATIONAL CRIMES
According to the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian
Law, victims are “persons who individually or collectively suffered harm,
including physical or mental injury, emotional suffering, economic loss
or substantial impairment of their fundamental rights, through acts or
omissions that constitute gross violations of international human rights law,
or serious violations of international humanitarian law. Where appropriate,
and in accordance with domestic law, the term ‘victim’ also includes the
immediate family or dependants of the direct victim and persons who
have suffered harm in intervening to assist victims in distress or to prevent
victimization” (para. 8).
The Basic Principles and Guidelines make clear that victims’ rights under
international human rights law and international humanitarian law include
an obligation on States to prevent violations from occurring and to
investigate them when they do. The Basic Principles and Guidelines further
state that “[t]he obligation to respect, ensure respect for and implement
international human rights law and international humanitarian law as
provided for under the respective bodies of law, includes, inter alia, the
duty to: (a) [t]ake appropriate legislative and administrative and other
appropriate measures to prevent violations; (b) [i]nvestigate violations
See United Nations, “Security Council condemns ‘in the strongest terms’ all acts of sexual
abuse, exploitation by UN peacekeeping personnel: In Presidential Statement, Council
recognizes shared responsibility of Secretary-General, all Member States to prevent
abuse, enforce United Nations standards”, press release SC/8400, 31 May 2005.
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