A/HRC/4/20
page 24
48
International Committee of the Red Cross, Customary International Humanitarian Law
(Jean-Marie Henckaerts & Louise Doswald-Beck, eds. 2005) (hereinafter “ICRC Study on
Customary law”), pp. 306-308 (Rule 87 - civilians and persons hors de combat must be treated
humanely), pp. 311-314 (Rule 89 - prohibition of murder of persons hors de combat),
pp. 403-405 (Rule 111 - protection of wounded, sick, and shipwrecked).
49
See, e.g., ICRC Commentary to the First Geneva Convention of 1949, p. 136 (“It is only the
soldier who is himself seeking to kill who may be killed. The abandonment of all aggressiveness
should put an end to aggression.”).
50
“‘Mercy Killing’ of Iraqi Revives GI Conduct Debate”, supra note 34.
51
First Geneva Convention, art. 15; Second Geneva Convention, Art. 18; Fourth Geneva
Convention, Art. 16(2); Additional Protocol I, Art. 10; Geneva Conventions, Common Art. 3;
Additional Protocol II, Art. 8, ICRC Study on Customary Law, supra note 49, at pp. 396-399
(Rule 109).
52
First Geneva Convention, Arts. 12(2), 15(1); Second Geneva Convention, Arts. 12(2), 18;
Fourth Geneva Convention, Art. 16(1); Geneva Conventions, Common Art. 3; Additional
Protocol II, Arts. 7-8; ICRC Study on Customary law, supra note 49, at pp. 400-403.
53
E/CN.4/1984/29, paras. 38-40.
54
ECOSOC Res. 1985/50; see generally Arbitrary and Summary Executions, Note by the
Secretary-General, E/AC.57/1984/16 (25 January 1984).
55
E/CN.4/1985/17, para. 24.
56
E/CN.4/1985/17, paras. 31-38.
57
See, e.g., E/CN.4/1997/60, para. 91: “[The Safeguards state that] the scope of crimes subject
to the death penalty should not go beyond intentional crimes with lethal or other extremely grave
consequences. The Special Rapporteur concludes from this, that the death penalty should be
eliminated for crimes such as economic crimes and drug-related offences. In this regard, the
Special Rapporteur wishes to express his concern that certain countries, namely China, the
Islamic Republic of Iran, Malaysia, Singapore, Thailand and the United States of America,
maintain in their national legislation the option to impose the death penalty for economic and/or
drug-related offences.”
58
This list is not comprehensive. In the earlier years, especially, the communications addenda
to the reports of the Special Rapporteur often do not include the full text of communications, at
times making the determination of the norms at issue difficult from today’s vantage point.
59
E/CN.4/2006/53/Add.4, para. 35 (Nigeria); E/CN.4/2006/53/Add.2, para. 150 (Sudan);
E/CN.4/2003/3, para. 60 (Nigeria and Sudan); E/CN.4/2000/3, para. 70.
60
E/CN.4/2006/53/Add.2, para. 150 (Sudan).
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