A/HRC/5/5 page 24 IV. CONCLUSIONS AND RECOMMENDATIONS 58. In conformity with the mandate of the Commission on Human Rights, most of the preceding reports by the Special Rapporteur have focused primarily on the adverse effects on the enjoyment of human rights of populations in developing countries from illicit movements of toxic and dangerous products and wastes. This report focuses not only on violations of human rights occurring in developing countries, but rather seeks to explore the potential violations of human rights in all countries affected by armed conflict. It is important to note however, that a release of toxic chemicals may have more important consequences in developing countries affected by armed conflicts. Indeed, in this context, uncontrolled urban development might place residential areas close to potential military objectives which contain dangerous products at particular risk. Access to medical help for resulting health problems may be more difficult, information about the dangers may not be as accessible and the capacity of the State to conduct an effective clean-up may be jeopardized by lack of resources. 59. Armed conflicts, by their nature, have immediate and grave effects on the enjoyment of many human rights. Naturally, humanitarian organizations, non-governmental organizations and media tend to focus on and respond to these immediate consequences; for example, the killing of civilians, mistreatment of prisoners, rightly receive widespread media attention. This report has sought to show that although the effects might not be as shocking and immediate, the release of toxic products during armed conflicts has grave and long-term impacts on the enjoyment of human rights. 60. There have been many studies on the impact of war on the environment from the legal standpoint, including humanitarian law and environmental law, and also from scientific analysis, such as the studies prepared by the Post-Conflict Branch of the United Nations Environment Programme. However, there have rarely been studies on the impact of this phenomenon on human rights. The Special Rapporteur believes that applying a rights-based approach could contribute to the prevention of such events, while ensuring better management of their negative effects. A rights-based approach might improve access to health services for victims, knowledge of measures that are to be adopted and chances to obtain redress. 61. In addition to calling for a response to the release of toxic products during armed conflict which integrates a human rights approach, the Special Rapporteur would like to make the following recommendations: − The Special Rapporteur urges parties to armed conflicts to respect international humanitarian law, notably by taking into account the potential consequences of the release of toxic and dangerous products on the life and health of the civilian population and on the environment. When evaluating the lawfulness of an attack, they must be fully aware of their responsibilities for such attacks; − The Special Rapporteur recommends that States identify and conduct assessments of potential “hotspots” in territories under their jurisdiction or control as soon as hostilities permit, or at the latest at the end of hostilities;

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