A/HRC/14/40 has recognized the importance and urgency of the effects of armed conflicts on the human rights of civilians. In line with international jurisprudence and the practice of relevant treaty bodies, the Council acknowledged that human rights law and international humanitarian law are complementary and mutually reinforcing, taking into account that human rights law continues to apply in armed conflict situations. 8. It was recalled that in the 2009 expert consultation, the question of the applicable legal framework in situations of armed conflict, in particular the continued application of international human rights law in situations of armed conflict, was thoroughly discussed. Against that background, the meeting aimed to discuss the way in which existing mechanisms for monitoring and ensuring compliance of human rights obligations and accountability for violations have undertaken their particular mandates when addressing situations of armed conflict. 9. In this respect, it was worth noting that the Office of the High Commissioner works to respond to human rights and humanitarian law concerns across the world. The Office engages with all relevant actors, including non-State actors, for the purpose of ensuring the observance of relevant international human rights and humanitarian law. OHCHR also monitors and reports on alleged violations by State and non-State actors. The High Commissioner also issues periodic reports referring to, inter alia, violations of international human rights law and international humanitarian law by parties to a conflict. 10. It was stated that the Office of the High Commissioner is not alone in this endeavor. The human rights system has a wealth of different mechanisms that have developed, within the framework of their mandates, a solid experience concerning the implementation of human rights in situations of armed conflict. Special procedures of the Human Rights Council, treaty bodies, international and regional courts, and civil society organizations have all, in different ways, provided the operational mechanisms to monitor, promote and protect the human rights of civilians in the context of armed conflict. In that context the expert consultation aimed to address the experience of special-procedures mandate holders have had in reporting to the Human Rights Council on human rights issues in conflict situations. Indeed, a number of special rapporteurs have, through their legal analyses, contributed in clarifying the extent and nature of the legal obligations of parties to armed conflict. They have also provided the Council with relevant information and analyses and have proposed measures to tackle systematic violations of international human rights and international humanitarian law in different contexts. 11. The expert consultation also sought to address the case-law of treaty bodies, both through their general comments as well as in the context of their analysis of country reports and individual complaints. One issue of particular importance in this respect was the extraterritorial applicability of human rights treaties, in particular when a State party undertakes military operations on the territory of another State. Similarly important is the experience of treaty bodies in dealing with derogations from human rights treaties. Treaty bodies have clarified the extent, scope and limitations applicable to derogations. 12. Furthermore, the meeting also aimed to deal with the way in which judicial bodies, in particular the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia, and the European Court of Human Rights, within their respective jurisdictions have addressed questions of applicability of human rights and international humanitarian law. These issues are of particular importance, in light of the need to ensure accountability, both from the perspective of international State responsibility and in relation to individual criminal responsibility. Indeed, often the legal characterization of many acts can only be ascertained if the situation is analyzed from both perspectives. The protection of the human rights of civilians against those and other violations is better served when this complementarity between international human rights and international humanitarian law is duly recognized. 4

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents