The NHRI of Country B is concerned that Country B is in violation of international law in relation to its
ties to Country A. It is considering what, if any, action it can take. It is undertaking this examination in
cooperation with the NHRI of Country A.
Subject to the law under which the NHRI of Country B is established and operates, the NHRI could
take action in relation both to individuals involved in the conflict and to the overall situation. In relation
to individuals, Country B’s NHRI could
• Undertake an investigation into the actions of any citizen of Country B who is fighting in the conflict
in Country A to determine whether the person is implicated in war crimes or crimes against humanity
and, if there are reasonable grounds to conclude that the person is implicated, recommend to the
government, police and prosecutors of Country B that Country B arrest and prosecute the person if
the person enters or is in the territory of Country B
• Undertake an investigation of the activities of Country B’s defence attaché and its trade representative
in its embassy in Country A to determine whether either of those individuals is engaged in activities
that directly or indirectly involve violations of international human rights obligations or contribute
to such violations and, if they do, then use the NHRI’s powers under its law to respond to these
violations by Country B’s officials
• Recommend to the government and parliament of Country B that Country B’s prohibition of its
citizens participating in armed groups be extended to prohibiting participation in the armed forces
of any other State and that the prohibition include the offence of encouraging or assisting the
recruitment of citizens of Country B into foreign armed forces or armed groups
• Investigate and recommend to the government, police and prosecutors of Country B the prosecution
of any individuals in Country B who are encouraging or assisting the recruitment of citizens of
Country B into foreign armed forces or armed groups
• Recommend to the government and parliament of Country B that Country B prohibit the provision of
funds and other support by Country B’s citizens and organisations to organisations and individuals
in Country A to support the war effort or activities found to be illegal by the International Court of
Justice and that any person or organisation that continues to provide such funding or other support
after passage of the law be prosecuted
• Recommend that Country B arrest any person subject to an arrest warrant from the International
Criminal Court who enters or is in the territory of Country B and hand that person over to the Court.
National action on international issues
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