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144. It is established as a result of research by the CAVV and the UN that it is not only states onboth sides that can institute an action on the ground of norms of international law;individuals also can institute an action against states and the UN on the ground of norms ofinternational law. The CAVV concluded that an exception exists to the principle that only astate can institute an action on the ground of international law.This exception operates in respect of norms of international law that accord direct rights toindividuals under international law. In this category fall, inter alia, norms of human rights(see CAVV Report, no. 3.5).145. The UN also appointed independent experts to research the problematic of theimplementation of the rights of the individual. These experts spent fifteen years conductingthis research. During that research Member States of the UN, international organisations andNGOs were consulted. The research led to the UN Resolution of 16 December 2005 (Number60/147) ‘Basic Principles and Guidelines on the Right to a Remedy and Reparation forVictims of Gross Violations of International Human Rights Law and Serious Violations ofInternational Humanitarian Law’ (hereafter: ‘Basic Principles’). The Basic Principles arebased, inter alia, on Article 8 of the Universal Declaration of Human Rights (UDHR). Thisright to an effective legal remedy arises also from Article 6 ECHR (see A. Reinisch, in R.Hofmann et al., Die Rechtskontrolle von Organen der stateengemeinschaft, 2007, page 85)and Article 2 paragraph 3 sub a I CCPR.146. The UN recommends the Member States under Article 2 of the Basic Principles to implementthe directives and to apply them in the caselaw and is formulated as follows:‘Recommends that States take the Basic Principles and Guidelines into account, promoterespect thereof and bring them to the attention of members of the executive bodies ofgovernment, in particular law enforcement officials and military and security forces,legislative bodies, the judiciary, victims and their representatives, human rights defendersand lawyers, the media and the public in general.’147. With a view to ensuring the implementation of the Basic Principles by the Member States,Article I, number 2 sub b, c and d of the Basic Principles provides that the Member States ofthe UN must ensure under international law that they do the following:© Van Diepen Van der Kroef Advocaten page 64 of 99