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. 128 87

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