Recognition of gross and large-scale violations
of human rights as an international crime
Sub-Commission resolution 1995/22
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Considering that further measures should be taken to combat gross and large-scale violations of human rights,
Believing that such violations, if perpetrated on the orders of Governments or sanctioned by them, pose the greatest danger to mankind,
Recalling that the World Conference on Human Rights, in the Vienna Declaration and Programme of Action, expressed grave concern about continuing human rights violations in all parts of the world in disregard of standards as contained in international human rights instruments and international humanitarian law and about the lack of sufficient and effective remedies for the victims,
Recalling also its resolution 1994/28 of 26 August 1994, in which it recommended the appointment of Mr. Stanislav Chernichenko as Special Rapporteur to prepare a report entitled "Recognition of gross and large-scale violations of human rights perpetrated on the orders of Governments or sanctioned by them as an international crime",
Taking into account Commission on Human Rights decision 1995/111 of 3 March 1995, in which the Commission requested the Sub-Commission to reconsider its recommendation, bearing in mind the work of the other United Nations bodies on this issue,
Noting, however, that the International Law Commission deals only with issues concerning State responsibility and individual responsibility for crimes against the international peace and security of mankind,
Convinced that all issues concerning human rights violations fall primarily within the competence of the United Nations human rights bodies,
Having discussed again the questions raised in the working paper submitted by Mr. Chernichenko (E/CN.4/Sub.2/1993/10 and Corr.1),
1. Reaffirms its recommendation that the Commission on Human Rights appoint Mr. Stanislav Chernichenko as Special Rapporteur to prepare a report entitled "Recognition of gross and large-scale violations of human rights perpetrated on the orders of Governments or sanctioned by them as an international crime";
2. Decides to consider the report of the Special Rapporteur at its forty-eighth session under the agenda item entitled "Review of further developments in fields with which the Sub-Commission has been concerned";
3. Recommends that the Special Rapporteur take into account the comments made on his working paper, as well as the relevant work of the International Law Commission, and include in his report a draft declaration on the question;
4. Recommends the following draft decision to the Commission on Human Rights for adoption:
The Commission on Human Rights, taking note of resolution 1995/22 of 24 August 1995 of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, endorses the recommendation of the Sub-Commission to appoint Mr. Stanislav Chernichenko as Special Rapporteur to prepare a report on the recognition of gross and large-scale violations of human rights perpetrated on the orders of Governments or sanctioned by them as an international crime, and requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary for the completion of his task.
35th meeting
24 August 1995
[Adopted without a vote. ]