49. The Mission concurs with the view that, in addition to the State, some non-State actors have human rights obligations under customary international law, in particular when they exercise effective control over territory and carry out government-like functions. They are obliged to respect human rights norms when their conduct affects the human rights of the individuals under their control. 244 This is particularly so for peremptory norms of international law. 3. INTERNATIONAL CRIMINAL LAW 63. In its efforts to appropriately characterize the human rights violations and abuses it established, the Mission has had regard to international criminal law. This body of law governs the situations in which individuals can be held individually criminally responsible for gross violations of international human rights law and serious violations of international humanitarian law that amount to crimes under international law. The principal crimes considered by the Mission were genocide, crimes against humanity and war crimes. In doing so, the Mission referred to the definitions of these crimes in the Convention on the Prevention and Punishment of the Crime of Genocide, the Rome Statute of the International Criminal Court and customary international law, as well as the interpretation of these definitions in the jurisprudence of international courts and tribunals. 245 64. As mentioned above, the prohibitions of genocide, crimes against humanity and war crimes amount to peremptory norms of international law (jus cogens), meaning that no derogation from the rule is allowed. The recognition of a crime under international law as jus cogens gives rise to a duty of the State to prosecute and punish perpetrators, the non-applicability of statutes of limitation for such crimes, and the universality of jurisdiction over such crimes regardless of where they were committed, by whom, or against whom.246 Moreover, under various sources of international law and under United Nations policy, amnesties are impermissible if they prevent prosecution of individuals who may be criminally responsible for war crimes, genocide, crimes against humanity or other gross violations of human rights.247
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E.g. A/HRC/8/17, para. 9; A/HRC/10/22, para. 22; A/HRC/12/48, para. 305. See also e.g. United Nations Committee on the Elimination of Discrimination against Women, “General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women” (CEDAW/C/GC/28), para. 11: “Under international human rights law, although non-State actors cannot become parties to the Convention, the Committee notes 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.” See chapter VIII. Crimes under international law. E.g. M.C. Bassiouni, “International Crimes: Jus cogens and obligatio erga omnes”, Law and Contemporary Problems, vol. 59(4), 1996, p. 66. See e.g. OHCHR, Rule-of-Law Tools for Post-Conflict States: Amnesties (New York and Geneva, United Nations, 2009), p. 11.
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