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.
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