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28.
In conflict situations, the systematic destruction of civilian objects, or the forced
displacement of the population, is often deliberately used alongside other gross human rights
violations (such as mass rape or murder) as political or military objectives.5 A further example is
the intentional actions that can lead to starvation, notably through the raiding of food, the
destruction of harvests or wilfully impeding the distribution of relief supplies. Studies have
shown that starvation or famines are not only due to economic and institutional failures, but can
arise directly from deliberate policy choices by ruling elites or warring factions against another
group of people.6
29.
Some violations of economic, social and cultural rights are already prohibited under
humanitarian law and considered international crimes, such as the denial of medical attention,7
the destruction and appropriation of property8 or the deliberate starvation of civilians as a
method of warfare.9 In addition, violations of these rights have been increasingly documented
by truth commissions set up to examine gross human rights violations by past regimes, even
though their primary focus is generally on a few selected civil and political rights.10 The
5
High Commissioner for Human Rights, “Economic and social justice for societies in
transition”, op. cit.
6
See R. Väyrynen, “Complex Humanitarian Emergencies”, in: E. Nafziger, F. Stewart and
R Väyrynen, War, Hunger and Displacement: The Origins of Humanitarian Emergencies
(Oxford: Oxford University Press, 2000); A. Sen, Poverty and Famines: An Essay on
Entitlements and Deprivation (Oxford: Clarendon Press, 1981); J. Edkins, “Legality with a
Vengeance: Famines and Humanitarian Relief in ‘Complex Emergencies’”, Millennium:
Journal of International Studies, vol. 25, No. 3 (1996), pp. 547-575.
7
See e.g. articles 29-31, 47, 89 and 110 of the Third Geneva Convention of 1949, articles 92
and 125 of the Fourth Geneva Convention of 1949 and article 10 of Additional Protocol I of
1977. See more generally A. Rosas and M. Sandvik-Nylund, “Armed Conflicts”, Economic,
Social and Cultural Rights: A Textbook, A. Eide, C. Krause and A. Rosas (eds.), (The
Netherlands: Kluwer Law International, 2001).
8
Rome Statute of the International Court, art. 8 (2) (a) (iv) - War crimes.
9
Additional Protocol I of 1977 to the Geneva Conventions, art. 54 (1) and Rome Statute of
the International Criminal Court, art. 8 (2) (b) (xxv) - War crimes. The Rome Statute
provides additional examples: intentionally directing attacks against buildings dedicated to
religion, education, art, science or charitable purposes, historic monuments and hospitals
(art. 8 (2) (b) (ix) - War crimes); pillaging a town or place (art. 8 (2) (b) (xvi) - War crimes);
and “deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction in whole or in part” (art. 6 (c) - Genocide).
10
The Truth and Reconciliation Commission of South Africa for instance documented the
discriminatory provision of health care to the majority population. TRC Report,
http://www.info.gov.za/otherdocs/2003/trc. See also Commission for Reception, Truth and
Reconciliation in Timor-Leste, Chapter 7.9: Economic and Social Rights, final report.
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