A/HRC/14/24
the coextensive protections of, and complementary relationship between, human rights and
humanitarian law.9
40.
Another significant element of the mandate’s work in this area has been to study the
methods and means of warfare. Thus, for example, the 2007 report to the Council
(A/HRC/4/20) examined “mercy killings” and explained the legal basis for their absolute
prohibition. Reports have also addressed: the principles of distinction and proportionality;
airstrikes; cluster bombs; raids; perfidy; suicide attacks; human shielding; issues arising in
urban counter-insurgencies; and killings of persons hors de combat.10 Mission reports on
the Central African Republic (A/HRC/14/24/Add.5), Afghanistan (A/HRC/11/2/Add.4,
paras. 9 and 23-24), and Israel and Lebanon (A/HRC/2/7, paras. 30 and 68-70), also
addressed the requirement of reciprocity and the illegality of reprisal killings. As the
discussions on reciprocity explained, one side’s unlawful use of civilian shields, for
example, does not affect the other side’s obligation to ensure that airstrikes do not kill
civilians in excess of the military advantage of killing the targeted fighters.
41.
Over the course of the mandate, the responsibility of rebel or insurgent groups to
observe international humanitarian law has repeatedly been explained and emphasized,
including in country reports on Afghanistan (A/HRC/11/2/Add.4, para. 71), the Central
African Republic (A/HRC/11/2/Add.3, para. 6), Colombia (A/HRC/14/24/Add.2), the
Democratic
Republic
of
the
Congo
(A/HRC/14/24/Add.3),
Sri
Lanka
(E/CN.4/2006/53/Add.5, paras. 26, 30 and 33) and the Philippines (A/HRC/8/3/Add.2,
para. 5). Too often, and especially in insurgency contexts, civilians are trapped between
State and rebel forces, or between warring rebel factions, in a struggle to avoid being
threatened or killed by one or more sides. This dynamic, together with the obligations of all
sides to respect international law, was described in detail in the reports on Afghanistan,
Colombia and the Democratic Republic of the Congo.
42.
Reports have also addressed the importance of human rights-based security sector
reform (A/HRC/11/2/Add.3), military recruitment and vetting of military personnel for war
crimes,11 humanitarian law training,12 killings by private security contractors,13 and the need
for transparency and accountability mechanisms relating to right-to-life violations during
armed conflict and occupation.14
C.
Killings during counter-terrorism operations
43.
I have often had cause to note that while terrorist acts can have terrible
consequences, counter-terrorism responses must not themselves violate human rights and
humanitarian law. One example concerns the targeted killings of alleged terrorists. Both
international human rights and humanitarian law apply to limit the circumstances under
which States may intentionally kill specific individuals both in and outside the context of
armed conflict.15 The refusal of States that practice targeted killings, and those on whose
territory such killings occur, to respond to allegation letters and requests for information on
whether applicable legal standards and procedural safeguards have been complied with,
9
10
11
12
13
14
15
10
E/CN.4/2005/7, paras. 48-53; A/HRC/4/20, para. 19; A/HRC/2/7,
E/CN.4/2006/53/Add.5, paras. 24-33; and A/HRC/11/2/Add.4.
See A/HRC/2/7 and A/HRC/11/2/Add.4.
A/HRC/11/2/Add.3 and A/HRC/14/24/Add.3.
A/HRC/11/2/Add.3 and A/HRC/11/2/Add.4.
Ibid.
See, for example, E/CN.4/2006/53, paras. 33-43.
A/62/265, para. 27; E/CN.4/2005/7; and A/HRC/11/2/Add.5, paras. 71-73.
paras.
15-16;
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