A/HRC/39/CRP.2 to life and physical integrity, are generally considered authoritative. 41 States must investigate the use of lethal force by their agents. 42 (d) Responsibility 47. States are the primary duty holders of international human rights obligations, whether assumed through ratification of human rights treaties or acquired by virtue of applicable international customary law. States can be held responsible for human rights violations committed by their organs (for example, legislative or executive branch) or by their agents (for example, civil servants, the police, the army).43 States have the duty to respect, protect and fulfil human rights. The duty to respect means that States themselves must refrain from interfering with or curtailing the enjoyment of human rights, including through their servants or agents. Under the duty to protect, States must actively ensure that persons within their jurisdiction do not suffer from human rights abuse committed by others. The obligation to fulfil means that States must take action to facilitate and enhance the enjoyment of human rights. This has been understood to include not only the adoption of appropriate laws, but also “judicial, administrative and educative and other appropriate measures”. 44 48. Inherent in these duties is a State’s obligation to ensure that individuals have accessible and effective remedies.45 States have a duty to investigate and prosecute gross violations of international human rights law and serious violations of international humanitarian law, in particular those that amount to crimes under international law (in particular war crimes, crimes against humanity and genocide), and to provide an effective remedy. States’ investigations into allegations must be carried out by independent and impartial bodies and be prompt, thorough and effective. 46 49. The Mission concurs with the view that, in addition to the State, some non-State actors have human rights obligations under customary international law, in particular when they exercise effective control over territory and carry out government-like functions. They are obliged to respect human rights norms when their conduct affects the human rights of the individuals under their control.47 This is particularly so for peremptory norms of international law. 2. International humanitarian law 50. International humanitarian law is the body of law that regulates the conduct of parties to an armed conflict. In situations of armed conflict, it applies concurrently with international human rights law. Several non-international armed conflicts existed in Myanmar during the period under review. 41 42 43 44 45 46 47 16 See OHCHR and United Nations Office on Drugs and Crime, “Resource book on the use of force and firearms in law enforcement” (New York, United Nations, 2017), p. 7 and references there. See e.g. the United Nations Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, adopted on 24 May 1989 by the Economic and Social Council Resolution 1989/65, paras. 9, 10, 17. See chapter IX, Responsibility. For an overview of these concepts, see F. Mégret, “Nature of Obligations”, in International Human Rights Law (2nd ed.), D. Moeckli, S. Shah and S. Sivakumaran, eds. (Oxford, Oxford University Press, 2014), p. 102-103. B. Ramcharan, “The Law-Making Process: From Declaration to Treaty to Custom to Prevention”, in The Oxford Handbook on International Human Rights Law, D. Shelton ed. (Oxford, Oxford University Press, 2013), p. 512. See chapter X, Impunity and accountability. E.g. A/HRC/8/17, para. 9; A/HRC/10/22, para. 22; A/HRC/12/48, para. 305. See also e.g. United Nations Committee on the Elimination of Discrimination against Women, “General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of Discrimination against Women” (CEDAW/C/GC/28), para. 11: “Under international human rights law, although non-State actors cannot become parties to the Convention, the Committee notes that, under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non -State actors are obliged to respect international human rights.”