A/HRC/28/66
Coordinating Committee, to take an active ownership of the Rabat Plan of Action and
develop strategies to eliminate the root causes of violence in the name of religion.
51.
Furthermore, States should safeguard the memory of all population groups, and of
religious communities in particular, including by developing and protecting national
archives, memorial museums and monuments.
2.
Responsibility to protect populations from genocide, war crimes, ethnic cleansing
and crimes against humanity
52.
At the 2005 World Summit, Heads of State and Government committed to the
responsibility to protect their populations from genocide, war crimes, ethnic cleansing and
crimes against humanity.13 This entails the responsibility of States to protect their own
populations from atrocity crimes; the responsibility to help other States do so through the
provision of international assistance; and the responsibility to take collective action when a
State manifestly fails to protect its population. In particular, the word “populations” refers
to all people living within a State’s territory, whether citizens or not, and including
religious groups. The principle builds on existing obligations under international law and
embodies a political determination to prevent and respond to atrocity crimes, but does not
itself have an independent legal character.
53.
In his 2009 report on implementing the responsibility to protect (A/63/677), the
Secretary-General established a framework for implementing the responsibility to protect
principle on the basis of three equal, mutually reinforcing and non-sequential pillars. The
first pillar encompasses the responsibility of each individual State to protect its populations
from genocide, war crimes, ethnic cleansing and crimes against humanity. The second pillar
focuses on the provision of international assistance on the basis of paragraphs 138 and 139
of the 2005 World Summit Outcome, which asserts that the international community
should, as appropriate, encourage and help States to exercise this responsibility, and that the
international community should also support the United Nations in establishing an early
warning capability and assist those which are under stress before crises and conflicts break
out. The third pillar outlines options for taking collective action, in a timely and decisive
manner and in accordance with the Charter of the United Nations, should peaceful means
be inadequate and where national authorities are manifestly failing to protect their
populations.14
3.
Obligations of non-State armed groups
(a)
International human rights law
54.
While international human rights law traditionally focused only on the obligations of
States,15 an evolving approach recognizes the importance and impact of certain non-State
actors, arguing that some human rights obligations also apply to them, including non-State
armed groups with (or arguably even without) effective control over a territory. In that
regard, the Committee on the Elimination of Discrimination against Women stressed in its
general recommendation No. 30 (2013) on women in conflict prevention, conflict and postconflict situations, that “under certain circumstances, in particular where an armed group
with an identifiable political structure exercises significant control over territory and
population, non-State actors are obliged to respect international human rights”.16
13
14
15
16
See General Assembly resolution 60/1, paras. 138 and 139.
See also www.un.org/en/preventgenocide/adviser/responsibility.shtml; and A/69/266, paras. 78-85.
See CCPR/C/21/Rev.1/Add.13, para. 8.
See CEDAW/C/GC/30, para. 16.
13