Situation of human rights in Kuwait under Iraqi occupation.

1992/60.
Situation of human rights in Kuwait under Iraqi occupation

The Commission on Human Rights, Recalling its resolution 1991/67 of 6 March 1991, Recalling also General Assembly resolution 46/135 of 17 December 1991, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Geneva Conventions of 12 August 1949, The Hague Convention IV of 1907, and other internationally recognized principles of humanitarian law, Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all and resolved to remain vigilant with regard to violations of human rights wherever they occur, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil their obligations under the relevant international instruments, Expressing its deep concern at the grave violation of human rights and fundamental freedoms during the occupation of Kuwait, Noting with grave concern the continued detention of prisoners of war and civilians abducted from Kuwait and the refusal of Iraq to account for the whereabouts of these detainees, Noting also with grave concern the information to the effect that the treatment of prisoners of war and detained civilians does not conform to the internationally recognized principles of humanitarian law,

1. Expresses its appreciation to the Special Rapporteur on the situation of human rights in Kuwait under Iraqi occupation for his report (E/CN.4/1992/26);

2. Expresses its deep concern for Kuwaiti and third-country nationals detained and missing in Iraq;

3. Strongly condemns the failure of Iraq to treat all prisoners of war and detained civilians in accordance with the internationally recognized principles of humanitarian law and insists that it refrain from subjecting them to acts of violence, including ill-treatment, torture and summary execution;

4. Requests the Government of Iraq to provide full information on all Kuwaiti persons and third-country nationals abducted from Kuwait between 2 August 1990 and 26 February 1991 who may still be detained, and to free these persons without delay, in accordance with its obligations under article 118 of the Geneva Convention relative to Prisoners of War and article 134 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and its obligations under applicable Security Council resolutions;

5. Also requests the Government of Iraq to provide, in accordance with its obligations under articles 120 and 121 of the Geneva Convention relative to Prisoners of War, and articles 129 and 130 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, detailed information on persons arrested in Kuwait between 2 August 1990 and 26 February 1991 who may have died during or after that period while in detention, as well as on the location of their graves;

6. Further requests the Government of Iraq to search for the persons still missing and to cooperate fully with international humanitarian organizations such as the International Committee of the Red Cross, in this regard;

7. Demands that the Government of Iraq cooperate with and facilitate the work of international humanitarian organizations, notably the International Committee of the Red Cross, in their search for an eventual repatriation of Kuwaiti and third-country nationals detained and missing in Iraq.

52nd meeting
3 March 1992
[Adopted by a roll-call vote of 47 to 1,
with 1 abstention. See chap. XII.]