A/HRC/14/38 working with human rights had been quite indifferent to the question of the crime of aggression. 41. The expert indicated that the right to peace was an underdeveloped value in human rights instruments. Universal human rights instruments did not give proper expression to the right to peace. There were, however, many references to peace in the preamble to the Universal Declaration of Human Rights. Those references also appeared in the preamble to the two human rights covenants. The preamble to the Universal Declaration of Human Rights was informed by the four freedoms referred to by Franklin D. Roosevelt, namely, freedom of belief, freedom of expression, freedom from want and freedom from fear. Freedom from fear was the expression of the right of peoples to peace. 42. Mr. Schabas further indicated that the International Court of Justice had been asked, in the context of its advisory opinion on the legality of nuclear weapons, to consider the relationship between international humanitarian law and international human rights law, specifically in the context of the right to life. The Court had indicated that international human rights law was applicable to armed conflict but that what constituted arbitrary deprivation of the right to life in the context of an armed conflict was to be interpreted in the context of international humanitarian law. The European Court of Human Rights had had a number of cases in which it had addressed the question of armed conflict without any reference to international humanitarian law, using instead the relevant human rights norms. Thus, in practice judicial organs had analysed the causes of armed conflict in order to determine whether human rights obligations had been violated. Therefore, international human rights law was not only concerned with the way in which parties behaved during an armed conflict, but also dealt with the causes of the conflict and with the question of whether the use of force was lawful. 43. Finally, Mr. Schabas recalled that the Human Rights Committee had dealt with the question of protecting the right to life in the context of armed conflict in its general comment No. 6. In its general comment No. 14 on nuclear weapons and the right to life, the Committee further drew a clear link between the prohibition of war and the right to life. 44. Fatimata-Binta Victoire Dah, Chairperson of the Committee on the Elimination of Racial Discrimination, noted that that Committee had been the first treaty body to function in the human rights system. The Committee had adapted to each new challenge, bearing in mind that racism found its expression in many varied and changing ways. The Committee had guided many States in their work and had achieved many of its goals. For example, the Committee held the view that political and social stability contributed to the enjoyment of human rights for all. Those who enjoyed rights should enjoy them without discrimination. The singularity of the International Convention on the Elimination of All Forms of Racial Discrimination rested on the identification of the rights holders. Claims of individuals or groups of individuals were recognized in the Convention under article 14. In order to assess State policy in the sphere of racial discrimination the rights evaluated were, among others, civil and political rights and economic and social rights, for example, the right to housing, education, and health. States must create the conditions for social coexistence in harmony through the respect of cultures and human rights, which was important considering that cultural differences were often at the root of conflicts. Ms. Daw stated that peace was possible when the State institutions worked properly and legitimate democratic systems were in place. 45. Ms. Dah indicated that from the Committee’s experience it was possible to derive the message that peace was essential for the enjoyment of rights and that in the absence of peace victims could and should claim peace as a right along with other human rights. It was in that sense that the preamble to the International Convention on the Elimination of All Forms of Racial Discrimination stated that discrimination among human beings was an 12 GE.10-12138

Select target paragraph3

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