territories, including the demolition of houses, the cutting down of fruit and other trees,
and the destruction of farms and standing crops by the use of bulldozers and other
means”.71 In its first report on the Syrian Arab Republic (2011-2014), the Commission
of Inquiry recommended that the Syrian Government: “Release immediately all
persons arbitrarily detained and provide international monitoring bodies and the
International Committee of the Red Cross with access to all places of detention”.72 The
Commission of Inquiry on the Democratic People’s Republic of Korea recommended
that the Government “dismantle all political prison camps and release all political
prisoners” and “end discrimination against citizens on the basis of their perceived
political loyalty or the sociopolitical background of their families, including in matters
of access to education and employment”.73
(ii) Investigation, prosecution and accountability-related recommendations (directed to
national or international bodies) – for example, in Rwanda (1994), the recommendations
included that “the jurisdiction of the International Criminal Tribunal for the former
Yugoslavia be expanded to cover international crimes committed in Rwanda”.74 The
Commission of Inquiry on Darfur (2004) recommended that the Security Council
refer the situation in Darfur to the International Criminal Court.75 In Gaza (2009), the
Mission recommended to the Palestinian Authority to “ensure prompt and independent
investigation of all allegations of serious human rights violations by security forces
under its control, and end resort to military justice to deal with cases involving
civilians”.76 It also recommended that “States parties to the Geneva Conventions of
1949 should start criminal investigations in national courts, using universal jurisdiction,
where there is sufficient evidence of the commission of grave breaches of the Geneva
Conventions”.77 The Commission of Inquiry for Timor-Leste (2006) recommended that
relevant prosecutions should take place within the domestic judicial system.78
(iii) Reparations-related recommendations, most of which call for the national authorities
to provide reparations. For example, the report on Libya (2011) made a specific
recommendation related to victims of sexual violence: “to establish appropriate
gender-sensitive psychological, medical, legal and social support services throughout
71
“Report of the human rights inquiry commission established pursuant to Commission resolution S-5/1 of 19 October 2000”
(E/CN.4/2001/121), para. 122.
72
“Report of the independent international commission of inquiry on the Syrian Arab Republic” (A/HRC/S-17/2/Add.1), para. 112 (e).
73
A/HRC/25/63, para. 89 (b) and (h).
74
Preliminary report of the Independent Commission of Experts established in accordance with Security Council resolution 935
(1994) (S/1994/1125), para. 142.
75
S/2005/60, para. 647.
76
A/HRC/12/48, para. 1974 (a).
77
Ibid., para. 1975 (a).
78
S/2006/822, para. 230.
GUIDANCE AND PRACTICE
95
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