A/HRC/29/51
roundabouts of the larger towns.61 The displaying of mutilated bodies serves as a warning to
the local population of the consequences of failure to submit to the armed group’s
authority,62 to deter those who may oppose the group’s rule and to spread terror among the
population.63 The attacks perpetrated by ISIL on churches and historic monuments that do
not represent military targets are apparently committed to enforce religious and ideological
hegemony and to instil fear in minority populations. 64 The systematic and targeted
assassination and abduction of community, political and religious leaders, government
employees, education professionals, journalists and health workers65 also appear to be
aimed at demonstrating the supremacy of ISIL in areas it controls. The brutal nature and
overall scale of abuses appears to be intended to reinforce the group’s absolute monopoly
on political and social life and to enforce compliance and conformity among communities
under its control.66 The result is that civilians who remain in ISIL-controlled areas live in a
state of constant and almost unimaginable fear.67
30.
Some still argue that human rights, as a body of law, can only bind States, and
cannot or should not apply to non-State armed groups. However, as the Special Rapporteur
has previously highlighted in other contexts, a central tenet of international human rights
law is that it must keep pace with a changing world. Human rights apply at all times,
inherently belong to individuals and are key to individual dignity. Increasingly, non-State
armed groups control parts of territories in which populations live. This is the case with
ISIL, which now controls large swathes of territory in which millions of individuals live; it
has declared itself a “State”, and runs both a civil and a military administration, including
the establishment of a “court” system. The threshold for ISIL to be bound by human rights
obligations has clearly been met.68 This means, at a minimum, that ISIL is bound under
international law to respect core human rights obligations, such as the right to life, the
absolute prohibition of torture, cruel, inhuman and degrading treatment, the prohibition of
slavery and the prohibition of enforced disappearance, as well as the right to freedom of
thought, conscience and religion.
31.
In addition, where ISIL engages in violations that are unrelated to the conflict and
not direct consequences of it, the governing legal framework should be international human
rights law. In practice, this means that ISIL is legally bound to respect freedom of
expression, freedom of assembly and freedom of movement. These rights should be
protected without discrimination on any of the grounds prohibited by international law. The
right to a fair trial should also be guaranteed. In areas of substantive overlap between
international human rights and international humanitarian law, the principles that provide
assistance in determining which framework is applicable are those of lex specialis69 and
effective control: the more effective control ISIL has over a territory or individuals, the
61
62
63
64
65
66
67
68
69
10
See “Rule of terror”, paras. 33–35.
Ibid., para. 33.
Ibid., para. 21.
Ibid., para. 31.
See UNAMI/OHCHR “Report on the Protection of Civilians in Armed Conflict in Iraq: 6 July–10
September 2014”, pp. 5–8.
See “Rule of terror”, para. 30.
Ibid., para. 19.
See the statement by the President of the Security Council on the situation in Iraq (S/PRST/2014/20),
p. 2, and Security Council resolution 2170 (2014), para. 3.
See “Fragmentation of international law: difficulties arising from the diversification and expansion of
international law – Report of the Study Group of the International Law Commission” (A/CN.4/L.682
and Corr.1), paras. 56–57.
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