A/HRC/14/40
13.
It was recalled that the impact of these issues on the ground is visible on a frequent
basis. One challenge is to reflect on more effective ways to ensure that human rights and
humanitarian law are respected by parties to conflicts. Another challenge is to focus on
means of ensuring accountability for those violations when they occur.
14.
Georges Abi-Saab introduced the meeting by recalling that during the first expert
consultation of 2009, extensive reference was made to the combined application of
international human rights law and international humanitarian law in situations of armed
conflict. He noted that in practice only one norm applies to each concrete situation. When
applicable international human rights norms and international humanitarian norms yield
similar results, there is no need for a complex legal analysis. However, he noted that the
international law system has evolved to greater specialization and that, therefore, in certain
exceptional situations, principles such as that of lex specialis is required to determine which
is most detailed norm that applies to each concrete and individual case. Therefore, the
combined application of international human rights law and international humanitarian law
does not mean two norms are to be applied simultaneously, but rather that one should seek
to identify the norm that provides the most specific answer for each particular situation.
15.
Mr. Abi-Saab pointed out that, given that the 2009 expert consultation had clarified
the legal and substantive questions of the continuous and mutually reinforcing application
of international human rights law and international humanitarian law in situations of armed
conflict, the meeting was designed to address the question of how different human rights
mechanisms have implemented, in their practice, their respective human rights mandates in
the context of armed conflict, taking into account the complementary application of
international human rights law and international humanitarian law. Such experience, in the
form of judicial decisions, treaty bodies’ general comments and concluding observations,
special rapporteurs’ reports to the United Nations bodies, and others, constitute a rich body
of practice that should be incorporated in the work of the relevant United Nations organs, in
particular the Human Rights Council.
II.
Session 1: Special procedures’ experience in protecting
human rights in armed conflict
16.
Concerning the experience of human rights special procedures in dealing with the
protection of human rights in situations of armed conflict, experts stated that on a number
of issues special procedures have applied both international human rights and international
humanitarian law in a fully complementary manner.
17.
In the case of internally displaced persons, for example, it was indicated that the
normative framework applicable to internal displacement resulting from armed hostilities
fully integrates relevant international humanitarian law norms and combines them with
international human rights law. The fact that two bodies of law were applicable was not
seen as a dilemma, but rather as an opportunity. In that respect, it was mentioned that the
solution that had been adopted concerning internal displacement was to identify the
relevant standards in international human rights law and international humanitarian law and
to create a third norm. While in the field of internal displacement there is no specific
convention dealing with the issue, the Guiding Principles on Internal Displacement, which
have been acknowledged by the General Assembly as an important framework for this
issue, are in fact the result of such combination of applicable standards deriving from both
bodies of law.
18.
At the level of normative framework, the African Union Convention on Internally
Displaced Persons adopts a similar approach. There are several articles in that Convention
that contain language typically found in international humanitarian law, such as the
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