United Nations A/hrc/19/68

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2. Applicable Law

97. International human rights law places an obligation on States “to ensure that any person whose rights or freedoms… are violated shall have an effective remedy” and “to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy”.

98. Due process and fair trial rights of the accused must be guaranteed. Fair trial standards cannot be suspended during emergency situations.

99. The Convention against Torture obliges Libya to investigate all allegations of torture and to prosecute all alleged perpetrators.

100. A duty to prosecute crimes against humanity and war crimes is part of customary international humanitarian law.

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