Resolution 2005/35 on 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

The UN Commission on Human Rights approved a resolution on 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 (the "Principles and Guidelines"). The Principles and Guidelines describe the States' obligations in cases of gross violations of international human rights law, which entail: (1) the duty to investigate and (2) the duty to submit to prosecution the person allegedly responsible for the violations, in case there is sufficient evidence and (3) the duty to punish the person, if found guilty Strong emphasis is placed on the fact that the Principles and Guidelines reiterate existing international law and do not create new rules and obligations. The text also stresses the duty of States to cooperate with one another in the investigation and prosecution of such violations. Moreover, the Principles and Guidelines name the obligation of the States to provide to the victims equal access to an effective judicial remedy. In addition, the Principles and Guidelines state that international law requires the States to make adequate, effective and prompt reparation available to the victims. The Commission further recommends that States, among other things, bring the Principles and Guidelines to the attention of members of the executive bodies of Government, such as law enforcement officials and military and security forces. The United States initiated a roll-call vote, which resulted in 40 in favor to none against, with 13 abstentions, the United States' vote being one of the abstaining votes.