A/HRC/24/59
in August 2013, some 484,000 people were vulnerable to food insecurity in the country, in
particular internally displaced persons.6
IV. International legal framework
19.
In legal terms, the mission differentiated two distinct periods since December 2012:
(a) from the offensive of the Séléka coalition on 10 December 2012 to the takeover of
Bangui on 24 March 2013; and (b) from the seizure of power of the Séléka on 24 March
2013 and the self-declaration of Mr. Djotodia as President of the National Transitional
Council until the end of the period under review.
20.
The mission noted the existence of a non-international armed conflict during the
initial period.7 This implies that international humanitarian law was applicable from 10
December 2012 until the takeover by the Séléka of Bangui, on 24 March 2013. The Central
African Republic is a party to the four Geneva Conventions of 1949 and to Additional
Protocol II, on the protection of victims of non-international armed conflicts. Both the State
armed forces and the Séléka, as parties to the conflict, were thus bound by the provisions of
the treaties as well as by customary international humanitarian law.
21.
International human rights law is applicable in peacetime and in armed conflict
situations. The Central African Republic is a party to six major United Nations human
rights treaties8 and two optional protocols thereto,9 as well as to the core human rights
instruments of the African Union. It is, therefore, under a clear obligation to respect
international human rights law.
22.
Moreover, it is increasingly accepted that a non-State armed group, such as the
Séléka before taking power in the Central African Republic, must respect and ensure
respect for human rights in the territory it controls.10
23.
The Central African Republic became a party to the Rome Statute of the
International Criminal Court in 2001. As a consequence, allegations of international crimes
(war crimes, crimes against humanity and genocide) committed in the territory of the
6
7
8
9
10
Office for the Coordination of Humanitarian Affairs, Situation Report No. 25, 23 August 2013.
Available from http://reliefweb.int/sites/reliefweb.int/files/resources/Situation%20Report%2025_EN.pdf.
In its annual report for 2012 (available from www.icrc.org/eng/assets/files/annual-report/icrc-annualreport-2012.pdf), the International Committee of the Red Cross stated that, in December, “the Séléka,
an alliance of armed groups, took control of the north and centre of the country. The non-international
armed conflict led to casualties, looting, further displacement and the temporary evacuation of most
humanitarian workers” (p. 111).
The International Covenant on Economic, Social and Cultural Rights (ratified in 1981), the
International Covenant on Civil and Political Rights (ratified in 1981), the International Convention
on the Elimination of All Forms of Racial Discrimination (ratified in 1971), the Convention on the
Elimination of Discrimination against Women (ratified in 1991) and the Convention on the Rights of
Child (ratified in 1992).
The Optional Protocol to the International Covenant on Civil and Political Rights ( ratified in 1981),
and the Optional Protocol to the convention on the Rights of the Child on the sale of children, child
prostitution and child pornography ( ratified in 2012).
In the context of the conflict in the Democratic Republic of the Congo, the Security Council affirmed
that all parties, including non-State armed groups, must abide by the international humanitarian
standards and ensure respect for human rights in the sectors they control (S/PRST/2002/27). In her
report on the situation of human rights in Mali (A/HRC/22/33), the United Nations High
Commissioner for Human Rights also made extensive reference to human rights violations by nonState armed groups, including violations of the right to health, culture, education and freedom of
religion.
7
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