As emphasized in resolution 1894 (2009), the primary responsibility for ensur...

As emphasized in resolution 1894 (2009), the primary responsibility for ensuring accountability for violations of humanitarian and human rights law rests first and foremost with States. In practical terms that means disseminating information about international humanitarian and human rights law. It means training combatants and ensuring that their orders and instructions comply with international law and are observed. When violations occur, it means investigating and prosecuting those responsible. Regrettably, instances of disciplinary action and national prosecutions are in short supply, despite mounting allegations of serious humanitarian law and human rights violations in today's conflicts. In some cases, a lack of capacity is to blame. I would urge Member States to provide the necessary technical and financial support to national efforts, or for consideration to be given to the establishment of socalled mixed courts and tribunals, as we see in Cambodia and Sierra Leone, to support much-needed investigations and prosecutions at the national level. In other cases, the fault lies in an absence of political will. However, unnecessarily slow or ineffective national efforts must not hinder the pursuit of accountability, including at the international level. The mandating of international commissions of inquiry sends an important signal that violations will be pursued and victims heard. Yet, while their utility is clear, their establishment is often politically fraught. We need to find ways of using such mechanisms on a more consistent and less politically influenced basis. As the Secretary-General notes, scrutiny must be the norm. I therefore welcome the Secretary-General's intention to request Secretariat departments directly involved in launching and supporting inquiries to undertake a review of the United Nations experience in these processes.