RES/37/26 Prevention of genocide

 GE.18-05248(E)



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,1 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,

1 E/CN.4/2006/91, A/HRC/5/7, A/HRC/12/19, A/HRC/15/33 and A/HRC/17/21.

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 Plan2 and the

activities of the Special Adviser,3 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;

2 E/CN.4/2006/84.

3 A/HRC/7/37 and A/HRC/10/30.

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

[Adopted without a vote.]