人权理事会要求人权事务高级专员办事处向伊拉克紧急派遣任务团（部分翻译）

2014年9月1日

要求任务调查所谓伊拉克与黎凡特伊斯兰国和相关恐怖分子团体实施的违反和侵害行为指称

人权理事会今天下午结束了有关在所谓伊拉克与黎凡特伊斯兰国（ISIL）和相关团体实施侵害行为情况下的伊拉克人权状况的特殊会议。会上，理事会通过了一份决议，要求联合国人权事务高级专员办事处向伊拉克紧急派遣任务团，调查所谓伊拉克与黎凡特伊斯兰国和相关恐怖分子团体实施的违反国际人权法行为的指称，对这些侵害和违反行为查明事实和情况，以避免有罪不罚并确保充分问责。

在这一未经表决即被通过的决议中，理事会以最强烈的言辞谴责自2014年6月10日以来，在伊拉克各省由所谓伊拉克与黎凡特伊斯兰国和相关团体实施的恐怖行动，继而系统性违反和侵害人权及违反国际人道主义法行为。这可能构成战争罪和危害人类罪，特别是所有基于宗教或种族派系的针对性暴力行为，以及针对妇女和儿童的暴力。

理事会强调，那些违反或侵犯国际人道主义法或人权法的人必须被追责，并呼吁伊拉克政府确保将所有肇事者绳之以法。它还呼吁国际社会协助伊拉克当局，确保对那些逃离受恐怖主义影响地区者进行保护和协助。

此外，理事会还要求联合国人权事务高级专员办事处向伊拉克紧急派遣任务团，调查所谓伊拉克与黎凡特伊斯兰国和相关恐怖分子团体实施的违反和侵害国际人权法行为的指称，并就其调查结果向第二十八届人权理事会会议呈交一份报告，要求人权高专在第二十七届会议期间口头报告最新情况。

法国介绍了该决议。伊拉克作为当事国家发言。印度、中国和南非在表决前作出解释。墨西哥发表了一般性意见。

这是人权理事会第二十二届特别会议。关于一般性辩论的总结可由此获取。包括决议在内的与特别会议相关的文件可在人权理事会网站上获取。人权理事会第二十七届常规会议将于2014年9月8日至26日举行。

Action on Resolution

In a resolution (A/HRC/S-22/L.1) on the human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated groups, adopted without a vote, the Council condemns in the strongest possible terms systematic violations and abuses of human rights and violations of international humanitarian law resulting from the terrorist acts committed by the so-called Islamic State in Iraq and the Levant and associated groups, taking place since 10 June 2014 in several provinces of Iraq, which may amount to war crimes and crimes against humanity, and strongly condemns in particular all violence against persons based on their religious or ethnic affiliation as well as violence against women and children. The Council stresses the need for those responsible for such violations of international humanitarian law or violations and abuses of human rights law to be held to account, calls on the Government of Iraq to ensure that all perpetrators are brought to justice and expresses its support to the Iraqi authorities in establishing a new and inclusive government within the constitutionally mandated time frame. The Council further urges all parties not to lend any legitimacy to terrorist acts and calls upon the international community to assist the Iraqi authorities to ensure protection of, and assistance to, those fleeing the areas affected by terrorism, in particular members of groups in vulnerable situation. The Council requests the Office of the United Nations High Commissioner for Human Rights to urgently dispatch a mission to Iraq to investigate alleged violations and abuses of international human rights law committed by the so-called Islamic State in Iraq and the Levant and associated terrorist groups, and to establish the facts and circumstances of such abuses and violations, with a view to avoiding impunity and ensuring full accountability, and to provide a report on its findings to the Human Rights Council at an interactive dialogue during its twenty-eighth session, and also requests the High Commissioner to provide an oral update during the twenty-seventh session of the Council on the implementation of the present resolution.

France, speaking also on behalf of Iraq and 11 other initial co-sponsors, introducing the draft resolution L.1, said that massive violations in Iraq had triggered a huge displacement, especially of religious minorities. The international community had to prove that it was mobilized to assist Iraq. The draft resolution condemned systematic violations of human rights, and stressed that all perpetrators of crimes ought to be brought to justice, whatever the circumstances. It also called for the Government of Iraq to open the process of national reconciliation. The protection of human rights for all Iraqi citizens had to be guaranteed. France called on the Human Rights Council to adopt this complex and ambitious text by consensus.

Mexico, in a general comment, regretted that the convening of some consultations on the draft resolution had been somewhat selective. The authors had also failed to incorporate comments by Mexico and some others. Nonetheless, having made those points and bearing in mind the seriousness of the situation, Mexico would support the draft resolution.

Iraq, speaking as the concerned country, said that it had already explained its position concerning the human rights violations committed by ISIL and reiterated its thanks to all States present here who had raised their voice in condemning the violations in Iraq. This draft resolution demonstrated how much remained to be done; thanks to the consultations, tangible results had been achieved. This draft resolution called for the protection of principles of human rights and firmly condemned the abuses committed by ISIL, in particular against civilians, which were a threat to the region and the world. ISIL must be stopped and all acts of terrorism must be denounced, while the international community needed to assist internally displaced persons and help them return home. Iraq would defend and protect human rights and was convinced that the consensus around this draft resolution would strengthen the resolve.

India, speaking in an explanation of the vote before the vote, said that it had serious concerns about the operative paragraph 10 of the draft resolution, which requested the Office of the High Commissioner for Human Rights to dispatch a mission to investigate human rights violations and abuses. India was concerned about the increasing investigative role of the Office which went beyond its capacity building mandate. In the interest of the fight against terrorism, India would not block this draft resolution.

China, speaking in an explanation of the vote before the vote, expressed concern about operative paragraph 10 which authorized the Office of the High Commissioner for Human Rights to send a mission to investigate cases of violations in Iraq but did not provide terms of reference or a duration of the mandate. The Office’s main function was to help countries promote and protect human rights, not to carry out investigations. However, considering the urgency of the situation in Iraq and to demonstrate its support to the people of Iraq, China said it would not object to the adoption of the draft resolution.

South Africa said there was no military solution to any armed conflict. The relevant organs and bodies within the United Nations must be allowed to carry out their mandate. South Africa was concerned that the resolution had lost balance and did not take into account the historical context and all factors attributable to the situation in Iraq. Even more, the language in the resolution was inconsistent with the provisions of international humanitarian law. It was not clear to South Africa which authority would act to enforce accountability. Operative paragraphs 3 and 8 presented challenges, especially in view that the relevant stakeholders, partners and appropriate mechanisms remained undefined. The resolution was pre-emptive, duplicative, contradictory and very ambivalent. Its essence was very questionable. South Africa could not support the resolution in its present form and without further negotiation, and disassociated itself from any consensus.
_________

For use of the information media; not an official record