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.
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