A/HRC/28/66
(“[i]ntentionally directing attacks against buildings dedicated to religion, […] provided they
are not military objectives”).
59.
Individual criminal responsibility is essential to ensuring accountability for gross or
serious violations of international human rights and humanitarian law. However, according
to article 25, paragraph 3 (f), of the Rome Statute, “a person who abandons the effort to
commit the crime or otherwise prevents the completion of the crime shall not be liable for
punishment under this Statute for the attempt to commit that crime if that person
completely and voluntarily gave up the criminal purpose”. Hence, this provision in
combination with the threat of possible international prosecution may hopefully influence
individual members of non-State armed groups to abandon their efforts to commit
international crimes.
F.
Roles of other stakeholders
1.
Religious communities and their leaderships
60.
Perpetrators of violence typically represent comparatively small segments of the
various religious communities to which they belong, while the large majority of believers
are usually appalled to see violence perpetrated in the name of their religion. It is all the
more important for the majorities and their leaders, who do not endorse the violence, to
speak out against it. In some countries, religious communities organize broad
demonstrations and use all available media to publicly condemn religious justifications of
violent atrocities. However, there are also situations in which the silence of the majority
and their leaders is quite “deafening”, thus factually leaving the public stage to small
aggressive groups.23 Speaking out in these situations often requires courage, determination
and the ability to seize opportunities to intervene at the right moment when violence arises
and can still be contained and curbed.
61.
Overcoming a culture of silence, wherever it exists, in the face of violent attacks is
of paramount importance. Often, perpetrators of violence pretend to act on behalf of a
“silent majority”. Religious fanatics furthermore like to portray themselves as “heroes” and
a religious avant-garde that ultimately promotes the interests of their community. As long
as the majorities and broader communities remain largely silent, extremists can easily play
this game. They may feel that they have carte blanche to perform acts of violence and to
sell these atrocities as manifestations of religious devotion.
62.
Overcoming the culture of silence is not an easy task and, depending on the specific
situation, such attempts can be quite risky. One problem is that extremist religious groups
typically receive or seek to use broad media coverage, whereas voices of peace and
reconciliation often remain at the margins of public attention. Although this can be a highly
frustrating experience, it should never serve as an excuse for remaining silent. The cynical
belief that bad news makes for good sales must not prevent other members of religious
communities from bringing forward their views actively. Moreover, in a climate of
intimidation, many believers, for fear of reprisals, may refrain from speaking out publicly.
In such situations, fellow believers living in safer political environments should lend their
voices and clearly condemn violence committed in the name of their religion.
63.
The Special Rapporteur has seen impressive anti-violence statements issued by
representatives of religious communities, that is, statements which are clear, theologically
profound and passionate. 24 However, he has also come across public rejections of violence
23
24
See, for example, A/HRC/19/60/Add.2, para. 65 (Republic of Moldova).
See, for example, A/HRC/25/58/Add.1, para. 35 (Sierra Leone) and A/HRC/25/58/Add.2, para. 16
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