Open letter to the Member States of the United Nations Human Rights Council

We urgently call on all Member States of the United Nations to immediately cease and cease to provide political and moral support, and economic or military assistance, to the actions of State or non-State actors who commit violations of international humanitarian law and international human rights law, some of which constitute grave breaches of the Geneva Conventions of 1949, war crimes and crimes against humanity.

Actions in conflicts taking place in different parts of the world, and the reaction to them by powerful non-belligerent States in those conflicts, threaten to fatally undermine the universal applicability of essential international norms for the protection of non-combatant civilians and their fundamental rights, and with it, the credibility of our mandates. related to situations in certain countries.

The worrisome gradual and continuing erosion of these universal standards has been observed in various conflicts over the past two decades, particularly since the declaration of the "war on terror". However, the numerous recent armed conflicts raise fears of the complete dismantling of standards and protection systems that took decades to build. We feel obliged to remind the Member States of the following basic safeguards, which they are all obliged to respect, and we must also ensure that others also respect them.

Collective punishment, indiscriminate or targeted attacks against civilians, medical facilities and their personnel, religious or residential buildings, markets or educational institutions, as well as forced displacement or deportation, hostage-taking, sexual violence, looting and pillage, arbitrary detention and enslavement, are prohibited under international law.

In cases of urgent military necessity, or when it is claimed that a particular facility has lost its protected status, the burden of proof lies with the attacker and not with the attackers, i.e. the civilians residing or taking refuge in them.

Causing people to starve, as well as depriving them of access to adequate food and shelter, water, fuel and medicine, are prohibited. Belligerents in conflicts are obliged to allow humanitarian aid, and adequate access to the areas under their military control. Non-belligerent States have to ensure compliance with this obligation, and are bound by their own obligations under international law not to facilitate or secure actions or agreements in violation of those norms.

We remind UN Member States that mechanisms exist in national, regional and international bodies to seek redress and reparation for violations of fundamental human rights, war crimes and crimes against humanity. Such mechanisms can and should be vigorously and impartially activated, not only against those who perpetrate such violations, but also against those who, vested with authority in any instance, encourage, facilitate or otherwise avoid taking measures to prevent the commission of such crimes.

It is imperative that non-belligerent Member States immediately desist from actions or omissions that undermine international human rights standards, principles and safeguards, including those taken as allies and supporters.

We look forward to your immediate and active support. A specific area in which we would appreciate the support of all Member States would be to ensure our free and unfettered access to all countries, as UN independent human rights experts, to enable the fulfilment of our mandates to assist the international community in its proclaimed aspiration to promote the protection of universal human rights worldwide. without distinction or discrimination.

Francesca Albanese is Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories; Shaheen Sardar Ali is a member of the Independent International Fact-Finding Mission on the Islamic Republic of Iran; Mohamed BaBaiker is Special Rapporteur on the situation of human rights in Eritrea; Richard Bennett is Special Rapporteur on the situation of human rights in Afghanistan; Carlos Castresana Fernández is Commissioner of the Human Rights Commission in South Sudan; Pablo de Greiff is commissioner of the International Independent Commission of Inquiry on Ukraine; Isha Dyfan is an independent expert on the human rights situation in Somalia; Vrinda Grover is a commissioner of the International Independent Commission of Inquiry on Ukraine; Sara Hossain is a member of the Independent International Fact-Finding Mission on the Islamic Republic of Iran; Miloon Kothari is Commissioner of the International Independent Commission of Inquiry on the Occupied Palestinian Territories, including East Jerusalem and Israel; Anais Marin is Special Rapporteur on the situation of human rights in Belarus; Hanny Megally is commissioner of the International Independent Commission of Inquiry on the Syrian Arab Republic; Juan Méndez is an expert of the International Mechanism of Independent Experts to Promote Justice and Racial Equality in the Context of Law Enforcement; Paulo Sergio Pinheiro is president of the International Independent Commission of Inquiry on the Syrian Arab Republic; Javid Rehman is Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; Yasmin Sooka is Chairperson of the South Sudan Human Rights Commission; Lynn Welchman is a commissioner of the International Independent Commission of Inquiry on the Syrian Arab Republic, and Fortuné Gaetan Zongo is a Special Rapporteur on the situation of human rights in Burundi.

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