A/HRC/8/14*
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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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