A/HRC/14/40
provision in article 7 of the Convention, which refers to protection and assistance to
internally displaced persons in situations of armed conflict.
19.
Experts recalled some examples of situations in which reference was made to both
international human rights law and international humanitarian law obligations. For instance,
it was recalled that in his report on the situation in Somalia (A/HRC/13/21/Add.2), the
Representative of the Secretary-General on the human rights of internally displaced persons
stated that the level of violence faced by civilians, including very serious violations of
human rights and international humanitarian law, is a major trigger for displacement. He
further noted the many alleged instances of arbitrary displacement of persons as a result of
violations of international humanitarian and human rights law, contrary to the Guiding
Principles on Internal Displacement. He referred to indiscriminate attacks, shelling of
residential areas, generalized use of force without the necessary precautions to minimize the
impact on the civilian population, prohibited methods of warfare, as well as targeted human
rights violations and abuses, such as killings, rapes or forced recruitment, all taking place in
a climate of impunity. Moreover, he indicated that such acts may also amount to war crimes
or crimes against humanity under the Rome Statute of the International Criminal Court.
20.
Experts also highlighted the strong and important interaction between special
procedures mechanisms and the human rights treaty bodies. It was noted, for instance, that
general comment 29 of the Human Rights Committee on states of emergency has become a
reference, in particular in relation to the mandate concerning the promotion and protection
of human rights while countering terrorism, because a number of States are currently
dealing with terrorism related issues in the context of states of emergency. Similarly, it was
mentioned that general comment 31 of the Human Rights Committee is also a fundamental
interpretation of international human rights law, in particular its reference to the relation
between international human rights law and international humanitarian law.
21.
Experts noted that in the context of the fight against terrorism there is a need to
assess specifically when a situation escalates to a point where it can be qualified as armed
conflict with identifiable parties. These situations require, therefore, a careful evaluation of
the most relevant rule to be applied, in order to ensure adequate protection of the rights of
the persons concerned, based on the principle of complementarity of international human
rights law and international humanitarian law.
22.
It was noted in this connection that the Special Rapporteur on the promotion and
protection of human rights while countering terrorism recalled in the report of his mission
to the United States of America (A/HRC/6/17/Add.3) that it is a well-established principle
that, regardless of issues of classification, international human rights law continues to apply
in armed conflict. In that respect, he reminded the government that its conduct must
therefore comply not only with international humanitarian law, but also with applicable
international human rights law. In the report on his mission to Israel (A/HRC/6/17/Add.4)
he stated that the legal framework against which Israeli measures against terrorism are to be
addressed is the combined effect of international humanitarian law and international human
rights law. He further noted with regard to the applicability of substantive norms of
international humanitarian law that international humanitarian law norms pertaining to
international armed conflict are also applicable and that the classification of an armed
conflict as an international or non-international one can no longer be treated as having
major substantive consequences for the international humanitarian law obligations of a
State that is a party to an armed conflict.
23.
Experts further recalled that the Special Rapporteur on the promotion and protection
of human rights while countering terrorism has, in the context of his mandate, referred to
issues such as the targeted killings of civilians and the notion of active participation in
hostilities; the issue of detention without access to judicial review in relation to persons
detained on charges of terrorism in the context of an armed conflict; the question of security
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