A/HRC/14/40
account the complementary and mutually reinforcing nature of international human rights
and international humanitarian law. In particular, reports prepared by non-governmental
organizations have taken into account that each body of law contains specific legal
provisions that provide better protection depending on the specific circumstances.
Furthermore, taking into account that civil society organizations may be more reactive to
specific situations in the field, it was indicated that information gathered in their
investigations is often taken into account by other human rights mechanisms and bodies
dealing with the same situation.
58.
Experts also recalled that international humanitarian law is one of the bases for
consideration of the human rights record of member States in the universal periodic review
(UPR). Protection of civilians in armed conflict has been one of the subjects of specific
recommendations. In particular, recommendations have been issued concerning, inter alia,
the obligation to strictly adhere to international humanitarian law obligations; to take
measures to ensure access to humanitarian assistance for vulnerable populations and take
measures to protect civilians; to protect religious freedom in accordance with article 27 of
the Fourth Geneva Convention; and to take every possible measure to ensure the protection
of the civilian population, in particular vulnerable groups, such as children, women and
internationally displaced persons.
59.
It was further indicated that recommendations formulated in the context of the UPR
are often based on the concluding observations of human rights treaty bodies and
recommendations issued by special procedures. The importance of the linkages between
mechanisms is that their recommendations are inter-linked and could, therefore, be
reinforced in the different mechanisms. For instance, experts recalled that under the UPR
mechanism States are invited to explicitly indicate those recommendations that it is willing
to accept. States’ commitments in the UPR context may be followed-up by treaty bodies or
special procedures in their analysis of States’ reports or mission reports. Similarly,
recommendations issued by human rights treaty bodies and special procedures are
systematically included in the UPR compilation reports.
VI.
Final remarks
60.
In sum, experts explored in detail how the different human rights mechanisms, as
well as judicial organs and civil society organizations have applied international human
rights and international humanitarian law in a complementary way to concrete armed
conflict situations. Experts agreed that there has been an evolution over the years and that
the practice of the different mechanisms has clearly led to a better understanding of how
such complementarity can be implemented in a way that ensures better protection for the
rights of civilians. It was furthermore indicated that the practice judicial organs, human
rights mechanisms, international commissions of inquiry and civil society organizations,
has also reaffirmed that the application of international human rights is not limited to the
territory of the State, but that it can be applied extraterritorially in relation to persons who
are under the jurisdiction or the effective control of the State. Experts also agreed that the
complementary and mutually reinforcing nature of international human rights and
international humanitarian law have ensured, in practice, that the protection gap has been
much reduced. Experts stated that the main challenge is how to ensure the
recommendations formulated by the different mechanisms are taken into account and lead
to action by the relevant United Nations political organs.
61.
Finally, in relation to the gathering of evidence and other information concerning
violations of international human rights and international humanitarian law, experts agreed
that the existing mechanisms play an essential role given their ability to verify facts,
interview witnesses and victims and communicate with Government officials. It was
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