A/HRC/16/47 further concluded that international human rights instruments are applicable ‘in respect of acts done by a State in the exercise of its jurisdiction outside its own territory’, particularly in occupied territories12.”. 43. It was emphasized recently that human rights law in its entirety continues to apply in situations of armed conflict, except for derogations in accordance with treaty provisions relating to times of emergencies13. 44. It was stressed that the continued operation in wartime of non-derogable human rights – side by side with the norms of the law of international armed conflict – may prove of signal benefit to some individual victims of breaches14. The reason is that, when it comes to seeking remedies for failure to comply with the law, human rights law may offer effective channels of action to individuals, whereas no equivalent avenues are opened by the law of international armed conflict. This is particularly manifested when human rights instruments set up supervisory organs vested with jurisdiction to provide adequate remedies to victims of breaches15. 45. Indeed, as has been emphasized by the International Committee of the Red Cross (ICRC), the Geneva Conventions and their additional Protocols have the same purpose as international instruments relating to human rights, i.e., the protection of the human person. Human rights, according to the ICRC, continue to apply concurrently in time of armed conflict.16 In resolution 2675 (XXV), the United Nations General Assembly affirmed some basic principles for the protection of civilian populations in armed conflicts. In particular, according to the resolution, “fundamental human rights, as accepted in international law and laid down in international instruments, continue to apply fully in situations of armed conflict.” 46. Pursuant to article 72 of additional Protocol I, the provisions of Section III (Treatment of Persons in the Power of a Party to the Conflict) are additional to the rules concerning humanitarian protection of civilians in the power of a Party to the conflict, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict. In this regard, the ICRC refers to three instruments binding the States which are Parties to them: (a) the International Covenant on Civil and Political Rights (1966); (b) the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950); (c) the American Convention on Human Rights (1969).17 47. In particular, in accordance with paragraph 3 of Article 75 of Protocol I, any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken. Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist. 12 13 14 15 16 17 16 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of Congo v. Uganda), Judgment of 19 December 2005, para. 216. Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance, A/HRC/15/21, 22 September 2010, para. 68. Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, Cambridge University Press (2004), p. 25. Ibid. ICRC Commentary on Protocol II, para. 4429, with reference to Resolution 2675 (XXV) of the United Nations General Assembly. ICRC Commentary on Protocol I, para. 2928.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents