HRC59: From Loss to Justice – Upholding the Rights of Families of the Unlawfully Killed
The 59th Session of the Human Rights Council
16 June – 09 July 2025
Item 3: Interactive Dialogue with the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
18 June 2025
By Hiya Sharma / GICJ
Executive Summary
During the 59th Session of the Human Rights Council, the Interactive Dialogue with the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions marked a critical reflection on the enduring impact of unlawful killings and the rights of the families left behind. Mr. Morris Tidball-Binz, the Special Rapporteur, presented his thematic report on 18 June 2025, examining how families of victims often endure prolonged trauma, marginalisation, and denial of justice, while facing barriers to truth, accountability, and reparations. He called for States to adopt broader definitions of “family,” strengthen investigative mechanisms, and uphold protections against reprisals. The dialogue also featured the Rapporteur’s report on his official visit to Ukraine, where he documented serious violations committed in the context of the Russian Federation’s ongoing aggression. These included indiscriminate attacks on civilians, the use of human shields, and summary executions of both civilians and prisoners of war. Mr. Tidball-Binz commended Ukraine’s adoption of international forensic standards, including the Minnesota Protocol, and its commitment to documentation and justice.
While many States expressed strong support for the mandate, Ukraine urged the establishment of a tribunal on the crime of aggression. Others, including Palestine, raised concerns about unequal attention to ongoing unlawful killings in their regions. The dialogue reaffirmed the centrality of families in justice processes and the international community’s responsibility to protect them.
Geneva International Centre for Justice (GICJ) welcomes the report and reiterates its concern over extrajudicial executions in Ukraine, Palestine, Iran, Iraq, and Yemen. GICJ stresses that justice must extend to families and include truth, redress, and accountability.
Background
The mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions was first established by the United Nations Commission on Human Rights in 1982 and has since been renewed and expanded under successive Human Rights Council resolutions, most recently in HRC resolution 53/4 (2023). The current mandate holder, Mr. Morris Tidball-Binz, is a renowned forensic expert whose work has focused on strengthening medico-legal standards and integrating a victim-centred approach into accountability mechanisms. Unlawful killings, whether committed by State actors, non-state groups, or through a State’s failure to protect, represent a grave violation of the right to life and are often symptomatic of deeper patterns of abuse, impunity, and structural injustice. Such killings may occur in armed conflict, custodial settings, the context of policing or counter-terrorism operations, or through the application of the death penalty in breach of international legal standards. In recent years, the mandate has expanded to focus not only on the act of killing itself, but also on the profound, often overlooked impact on the families of victims. These families frequently face legal exclusion, reprisals, denial of truth, and prolonged psychological harm. International instruments, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death, underscore the importance of conducting effective, independent investigations and treating families as rights-holders rather than passive observers.
The 59th session of the Human Rights Council marked a continuation of this evolving focus. Mr. Tidball-Binz’s thematic report (A/HRC/59/54) addresses the specific human rights of families affected by unlawful killings, while his country visit report (A/HRC/59/54/Add.1) provides a detailed account of violations of the right to life in Ukraine amid the ongoing international armed conflict triggered by the Russian Federation’s invasion. The mission to Ukraine offered critical insight into the challenges of investigating unlawful killings during active hostilities, and the role of forensic standards and State cooperation in advancing justice. Taken together, these reports reflect the broader aim of the mandate: to expose unlawful killings wherever they occur, support States in fulfilling their obligations under international law, and ensure that justice extends beyond the victim to include those left behind.
Summary of the Special Rapporteur’s Report
Mr. Morris Tidball-Binz, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, presented his most comprehensive findings to date during the 59th session of the Human Rights Council. His thematic report (A/HRC/59/54) examined the profound and often overlooked impact of unlawful killings on the families of victims, framing them as rights-holders under international law. The report concluded that families routinely suffer psychological trauma, social stigma, and legal exclusion, particularly in contexts of armed conflict, death in custody, migration, terrorism, and the death penalty. Drawing on extensive consultations and over 60 submissions, Mr. Tidball-Binz highlighted how families are frequently denied access to timely information, remains of the deceased, and participation in investigations. He warned that such practices can amount to cruel, inhuman, or degrading treatment. The report urges States to adopt broader definitions of “family,” incorporate international standards such as the Minnesota Protocol, and guarantee reparations, psychosocial support, and protection from reprisals. Case studies from Colombia, Canada, and South Africa illustrate good practices in family-centred justice mechanisms. The Rapporteur stressed that recognising families as victims is not symbolic — it is a legal and moral obligation rooted in human dignity and the right to life.
Mr. Tidball-Binz also presented his report on his official visit to Ukraine (A/HRC/59/54/Add.1), conducted from 20 to 31 May 2024. The report documents extensive violations of the right to life in the context of the Russian Federation’s full-scale invasion, including indiscriminate attacks on civilians, the use of human shields, and the summary execution of civilians and prisoners of war. He described harrowing visits to mass grave sites, forensic facilities, and civilian shelters, noting that many of the recovered bodies bore signs of torture and execution. The Special Rapporteur commended Ukraine’s commitment to accountability and its application of international forensic standards, including the Minnesota Protocol, in investigating unlawful killings. National efforts to coordinate among prosecutors, police, and medical examiners were presented as a model for conflict settings. At the same time, he raised concerns about limitations on access to occupied territories and the use of trials in absentia, which must adhere to international fair trial standards.
Across both reports, Mr. Tidball-Binz underscored the need to ensure that investigations are victim-centred, transparent, and impartial — and that they recognise the enduring harm to families. He concluded by urging States to uphold the right to truth and justice not only for the deceased, but also for those who survive them. Families, he stated, are not collateral victims — they are essential to the pursuit of justice and must be placed at the heart of all accountability processes.
Interactive Dialogue on Extrajudicial, Summary or Arbitrary Executions
Opening Statement – Mr. Morris Tidball-Binz, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Mr. Morris Tidball-Binz opened the dialogue by reaffirming the central premise of his report: that the impact of extrajudicial, summary, or arbitrary executions extends far beyond the loss of life — it deeply affects families who are left behind. He emphasised that families are not merely secondary victims, but individuals entitled to rights under international human rights law. Their suffering is often prolonged by delays in investigations, denial of access to information and remains, and structural barriers to justice and redress. The Special Rapporteur stressed that unlawful killings occur in a range of contexts, including armed conflict, custodial settings, death penalty cases, migration, and counter-terrorism operations. In each instance, families frequently face psychological trauma, reprisal attacks, social stigmatisation, and economic hardship. Mr. Tidball-Binz called for a shift in how States address these harms — from viewing families as passive recipients of sympathy to recognising them as rights-holders who must be protected, informed, and supported. He also presented the findings of his official country visit to Ukraine, where he documented widespread and serious violations of the right to life amid the Russian Federation’s ongoing aggression. These included the summary execution of civilians and prisoners of war, indiscriminate missile strikes on civilian infrastructure, and the use of human shields. Mr. Tidball-Binz praised Ukraine’s cooperation and forensic efforts, including its adherence to the Minnesota Protocol, and encouraged other States to replicate such victim-centred approaches. He concluded by calling on States to implement robust national frameworks that uphold families’ rights to truth, justice, and reparations. “Justice,” he stated, “must not end with the death of the victim; it must live on in the recognition of those left behind.”
Statement of Country Concerned
The delegate of Ukraine expressed strong appreciation for the Special Rapporteur’s visit and the recognition of the country’s investigative efforts amid ongoing conflict. Ukraine acknowledged the devastating human toll of Russia’s full-scale invasion, citing over 43,000 civilian deaths and 273 documented executions of Ukrainian servicemen after surrendering — clear violations of international humanitarian law. The delegate reiterated Ukraine’s commitment to justice, transparency, and the rule of law, highlighting the adoption of international forensic standards and close cooperation with the UN and other accountability mechanisms. Ukraine called on the international community to support the establishment of a special international tribunal to prosecute the crime of aggression and to hold perpetrators individually accountable for war crimes and crimes against humanity. While recognising its own responsibility to uphold due process, Ukraine emphasised the systemic nature of the violations committed by Russian forces and underscored the need for collective action to prevent recurrence. The delegate concluded by affirming that Ukraine will continue to stand with the families of victims, ensuring that their pain is not ignored and their rights are fully respected.
Country and Groups Statements
The Russian Federation categorically rejected the findings of the Special Rapporteur’s country report on Ukraine and accused the Ukrainian government of carrying out extrajudicial killings against civilians in the Donbas region. The delegate criticised the report’s terminology and questioned the definition of “family” used, alleging it to be politically biased and culturally ungrounded. Russia alleged that Ukrainian forces had tortured and executed civilians, often targeting those with differing political views. The delegate further claimed that Russian families affected by Ukrainian actions were being ignored by the international community and accused the Human Rights Council of failing to uphold its mandate impartially. Russia concluded by demanding equal scrutiny of all parties in the conflict and respect for the diversity of family structures and cultural interpretations under international law.
The European Union (EU) expressed firm support for the Special Rapporteur’s mandate and welcomed the attention given to the rights of families of victims of unlawful killings. The EU highlighted that families often face immense barriers in accessing truth, justice, and reparations, including intimidation, denial of access to remains, and systemic exclusion from investigations. It stressed the importance of a child-sensitive approach, acknowledging the long-term trauma experienced by children who lose parents to unlawful killings. The EU called on States to uphold their international obligations, ensure timely, transparent investigations, and protect families from reprisals. It also requested further elaboration from the Special Rapporteur on good practices in addressing intergenerational trauma, particularly in conflict-affected societies.
Delivering the statement on behalf of Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, and Norway, Sweden expressed appreciation for the Special Rapporteur’s timely report and commended his recent visit to Ukraine. The group raised deep concern over increasing violations of international humanitarian law, citing indiscriminate attacks, the targeting of civilians, and the use of human shields as part of disturbing wartime patterns. They reaffirmed the importance of respecting the principles of distinction, proportionality, and precaution. Sweden underscored the right of families to know the fate of their loved ones and to access remains, truth, and redress, even during armed conflict. The group asked how the international community can more effectively support families in these contexts and prevent their marginalisation during post-conflict recovery.
Speaking on behalf of Belgium, Mexico, Mongolia, Switzerland, and Costa Rica, the delegate of Costa Rica highlighted the suffering endured by families affected by the death penalty, particularly in cases where due process is absent or executions are carried out in secret. The group expressed deep concern over situations where families are denied prior notification of execution dates, are not allowed to communicate with the condemned, and are refused access to remains — practices that violate the right to dignity and may amount to cruel and inhuman treatment. The statement called for the abolition of the death penalty and urged States that retain capital punishment to at least comply with international minimum safeguards, including timely family notification and transparency. The core group also announced that a new resolution on the question of the death penalty would be presented at the Council’s upcoming September session.
The Islamic Republic of Iran welcomed the report and condemned all forms of extrajudicial, summary, and arbitrary executions. The delegate strongly criticised the lack of attention to the recent attacks against Iran’s civilian infrastructure, referring specifically to the 13 June 2025 airstrikes allegedly carried out by Israel. These attacks, Iran claimed, resulted in the deaths of hundreds of civilians, including women and children. The delegate also accused Israel of conducting state-sponsored assassinations of Iranian scientists and officials both domestically and in neighbouring countries, which Iran described as unlawful killings and violations of international law. Iran urged the Special Rapporteur to investigate what it called a pattern of systematic extraterritorial executions and condemned the perceived silence of the international community, which it claimed enables ongoing impunity.
Iraq commended the Special Rapporteur for his focus on the rights of families and the importance of upholding dignity and justice. The delegate described the devastating legacy of unlawful killings in Iraq due to decades of dictatorship, terrorism, and foreign military operations. Iraq outlined national efforts to document war crimes, compensate families, and provide psychosocial and legal support to victims. It highlighted the establishment of a national institution dedicated to honouring the memory of victims and assisting their relatives with education, employment, and rehabilitation. Iraq also raised concerns over violations committed against its citizens by occupying powers and called on the international community to uphold accountability without double standards.
The State of Palestine expressed serious concern over the limited mention of the situation in the occupied Palestinian territory within the Special Rapporteur’s report. The delegate emphasised that since October 2023, thousands of Palestinians have been arbitrarily detained, tortured, and executed without trial — many held incommunicado and denied access to their families. The discovery of mass graves in Gaza, the withholding of bodies, and the denial of investigations were cited as systemic violations of the right to life and dignity. Palestine stated that these acts constitute collective punishment and amount to enforced disappearances and extrajudicial executions. The delegate called on the Special Rapporteur to urgently investigate the killings and treatment of Palestinian detainees and to address the use of family suffering as a weapon of war. The delegate concluded by urging the Human Rights Council to act decisively and hold Israel accountable for the continued and systematic targeting of Palestinian civilians and their families.
Brazil welcomed the report’s focus on families and stated that victims’ relatives are often overlooked in justice processes, despite being deeply affected by extrajudicial killings, especially those linked to security forces. The delegate described Brazil’s commitment to a holistic, victim-centred approach and highlighted the Miraj Project, which compiles data on deaths during police operations and engages directly with families to uphold their right to truth and redress. Brazil also referenced programmes to expand psychological and legal support to families of victims of State violence and emphasised the need to consider the intersection of race, class, and geography when analysing barriers to justice. The delegate underscored that justice mechanisms must be designed with the input of families, and that reparations should be shaped by dialogue with survivors.
South Africa welcomed the Special Rapporteur’s emphasis on the rights of families and the historical need for truth and memory. The delegate reflected on South Africa’s own legacy of systemic extrajudicial killings under apartheid and outlined national efforts to locate and return the remains of anti-apartheid activists who were forcibly disappeared or executed. The delegate described these acts as part of broader efforts to ensure social healing and justice. South Africa also highlighted that current efforts extend to victims of custodial deaths, terrorism, and conflict. It reaffirmed its abolition of the death penalty and support for international human rights standards, calling for global recognition that families are entitled to reparation, memory, and non-repetition.
Concluding Remarks
The Special Rapporteur concluded the dialogue by thanking delegations for their constructive engagement, thoughtful questions, and valuable suggestions. He welcomed the broad recognition that families of victims of unlawful killings face complex and long-lasting challenges — and reiterated that these families must be placed at the centre of justice processes. Drawing from global examples, Mr. Tidball-Binz referenced experiences from Argentina, Brazil, South Africa, and other regions where families of victims have led the way in demanding truth, justice, and accountability. He acknowledged that the pursuit of justice often requires families to "move mountains" just to obtain basic information — about what happened, who was responsible, and where remains are located. He highlighted interventions from States such as Sweden and Afghanistan, as well as the proposals put forward by African States, which underlined the need for dedicated legislation and institutional support for the children of victims, who often endure deep intergenerational trauma. The Special Rapporteur also addressed the situation in Ukraine, describing it as a strong model of cooperation and forensic documentation during active conflict. He stressed that Ukraine’s efforts — including its use of the Minnesota Protocol — offer valuable lessons for other States facing mass violations. In closing, Mr. Tidball-Binz reaffirmed the importance of academic research, community engagement, and survivor-led initiatives in supporting his mandate and implementing his recommendations. He called on all States to ensure that families are not only acknowledged but fully included in efforts to deliver truth, justice, reparations, and non-repetition.
Position of Geneva International Centre for Justice (GICJ)
Geneva International Centre for Justice (GICJ) commends the Special Rapporteur’s powerful and timely reports, which reaffirm the enduring suffering of families affected by extrajudicial, summary, and arbitrary executions. GICJ particularly welcomes the focus on recognising families as victims in their own right — not only as grieving relatives, but as individuals who often face trauma, isolation, and institutional neglect in the aftermath of unlawful killings. GICJ remains deeply concerned about widespread patterns of impunity in both conflict and non-conflict settings. The rights of families are too often ignored, especially in contexts such as Palestine, Iraq, Iran, and Yemen, where unlawful killings are carried out by State or State-affiliated actors, frequently without any credible judicial process. These families are denied information, access to remains, and justice — and in many cases, subjected to intimidation or societal stigma for seeking accountability. The Rapporteur’s findings from Ukraine demonstrate the value of coordinated forensic, prosecutorial, and legal mechanisms rooted in international standards such as the Minnesota Protocol. GICJ believes this model can inform global best practices, but stresses the importance of ensuring that all States are held to the same standards — irrespective of political alignment or geopolitical considerations.
GICJ strongly supports the Special Rapporteur’s call for comprehensive justice frameworks that centre the rights of families. A just response to unlawful killings must go beyond criminal trials and include reparations, public truth-telling, psychosocial support, and legal recognition of families’ suffering.
GICJ calls on all States to:
- Ensure full participation of families in all investigative and judicial processes;
- Establish national mechanisms to guarantee truth, justice, and reparations for families of victims;
- Prohibit reprisals against families who seek justice, and provide them with psychosocial and legal support;
- Extend the use of international standards such as the Minnesota Protocol across domestic investigative systems; and
- Hold perpetrators accountable — regardless of affiliation — and reject any form of selective justice.
Justice must be more than symbolic. It must restore the dignity of those who have lost loved ones, and it must prevent future violations. GICJ urges the international community to stand with families in their pursuit of truth, justice, and the non-repetition of these grave violations.
Keywords
Unlawful Killings, Extrajudicial Executions, Families of Victims, Human Rights, Justice, Reparation, Accountability, Armed Conflict, Death Penalty, Minnesota Protocol, Palestine, Ukraine, Iran, Iraq, Yemen, Truth and Dignity, Victim-Centred Approach, GICJ, Geneva4Justice
