A/HRC/8/14* page 5 concluded at the country level between humanitarian agencies and both States and non-State entities illustrate the importance of promoting fundamental principles of human rights and international humanitarian law on the ground. 4. In his last report on fundamental standards of humanity to the Commission on Human Rights, the Secretary-General identified the following developments from 2004 to 2005 as contributing to the interpretation and application of existing standards: (a) the Customary International Humanitarian Law study prepared by the International Committee of the Red Cross which, inter alia, significantly contributed to clarifying those international humanitarian law rules applicable in non-international armed conflict; (b) adoption by the Human Rights Committee of general comment No. 31 on article 2 of the ICCPR; and (c) the International Court of Justice’s Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory and its judgement in the Case Concerning Armed Activities on the Territory of the Congo, which reaffirmed the applicability of international human rights law during armed conflict and addressed the relationship between international humanitarian law and international human rights law. 5. The present report focuses on the most recent developments that contributed to securing the practical respect of existing standards in all circumstances and by all actors through the ongoing work of international courts and tribunals, particularly in the light of the publication of the Customary International Humanitarian Law Study. The case law of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda elaborated on the nature and elements of certain war crimes, of genocide and of crimes against humanity. The work of the Special Court for Sierra Leone has further reinforced the elaboration of elements of crimes against humanity and war crimes. It is to be expected that the Extraordinary Chambers in the Courts of Cambodia will continue enriching the development of these crimes. The decision of the International Court of Justice in the case of the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) provided further clarification as to the interpretation of the scope and of certain key notions of the Genocide Convention. The commencement of operations of the International Criminal Court also contributed to the process of securing protection of victims and combating impunity for violations of international humanitarian law and international human rights law. The report also notes the analysis provided by the International Court of Justice of the meaning of the term “ethnic cleansing” and its significance in international law in the context of crimes against humanity, genocide and war crimes and within the purview of the responsibility to protect. The report also highlights the adoption by the General Assembly of the Basic Principles on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law and of the International Convention for the Protection of All Persons from Enforced Disappearance. Finally, the report recalls the principle adopted by the Human Rights Committee in its general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, which includes the prohibition at all times of deviating from principles of fair trial.

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