A/HRC/11/31
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Parties to the negotiation clearly decided that it was a human rights provision rather than a
humanitarian law rule. However, the wording of the provision in article 4 of the Protocol was
carefully chosen. By using the word “should”, drafters had wished to differentiate between the
obligations of non-State actors and those bestowed upon States, which were qualified by the
word “shall”.
28. The consequences of armed conflict on other human rights, particularly economic and
social rights, were also discussed. The question of armed conflict and the use of child labour was
highlighted. It was pointed out that the United Nations Study on the Impact of Armed Conflict
on Children established that the categories of children who became child soldiers were the same
as those who were child labourers in peacetime. It was pointed out that, as recognized in
Convention No. 182 of the International Labour Organization (ILO), child soldiering was a form
of child labour. It was also indicated that the prohibition of child labour was an area in which
human rights law and international humanitarian law were complementary and mutually
reinforcing. Article 51 of the Fourth Geneva Convention provided that an occupying Power
could not force children under 18 years of age to undertake compulsory labour. This provision
was in line with the standards adopted by ILO, the norms contained in the International
Covenant on Civil and Political Rights and the Convention on the Rights of the Child. Optional
Protocols I and II to the Geneva Conventions also contained provisions on the use of child
labour. It was also recalled that the International Court of Justice, in its decision on Democratic
Republic of the Congo v. Uganda, held that Uganda had violated its obligations under the
Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in armed conflict by its recruitment and failure to
prevent recruitment of children in areas under Ugandan control.
29. It was noted that certain rights were often neglected in discussions on the relationship
between human rights law and international humanitarian law, such as the right to education.
The monitoring and reporting mechanism on children affected by armed conflict established
pursuant to Security Council resolution 1612 (2005), for example, addressed attacks on schools
rather than the effects of armed conflict on the right to education, including the closure of
schools owing to attacks and other threats.
IV. IMPLEMENTATION AND MONITORING OF HUMAN RIGHTS IN
SITUATIONS OF ARMED CONFLICT AND ACCOUNTABILITY
FOR VIOLATIONS (SESSION 3)
30. Regarding the issue of implementation and monitoring of human rights in situations of
armed conflict, it was indicated that compliance was achieved if the elements of implementation,
monitoring and accountability were observed. It was noted that the very important element of
actual protection was lacking and that just to monitor respect and to ensure accountability for
alleged violations of human rights and humanitarian law violations was, indeed, an important
element for the victims, but not enough. It was emphasized that victims needed to be proactively
protected from violations of their human rights. It was pointed out that the question was what
mechanisms were capable of ensuring such protection. There were two categories of
international actors with protection mandates: peacekeeping forces and police forces in
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