III.  ACCOUNTABILITY AND THE RIGHTS OF VICTIMS One of the most important legal obligations arising from violations of international human rights and humanitarian law is the obligation to ensure accountability for those violations. As the United Nations SecretaryGeneral has indicated, respect for the rule of law implies that “all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”102 Furthermore, in 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, the General Assembly recognized that the obligation to respect, ensure respect for and implement international human rights and humanitarian law implies the duty to “investigate violations effectively, promptly, thoroughly and impartially and, where appropriate, take action against those allegedly responsible in accordance with domestic and international law” (para. 3 (b)). The General Assembly further recognized the customary law character of this obligation and indicated that the Basic Principles and Guidelines “do not entail new international or domestic legal obligations but identify mechanisms, modalities, procedures and methods for the implementation of existing legal obligations under international human rights law and international humanitarian law which are complementary though different as to their norms” (preamble). The following sections will address accountability for violations of international human rights and humanitarian law from the perspective of States and individuals, as well as the right of victims to reparation. Non  “The rule of law and transitional justice in conflict and post-conflict societies” (S/2004/616, para. 6). 102  71