A/HRC/8/14*
page 4
Introduction
1.
The present report is submitted pursuant to Human Rights Council decision 2/102
of 6 October 2006, requesting the Secretary-General to “continue with the fulfilment of [his]
activities, in accordance with all previous decisions adopted by the Commission on Human
Rights and to update the relevant reports and studies”. Previous decisions and resolutions of the
Commission on Human Rights have requested the Secretary-General to submit analytical reports
covering relevant developments on the issue of fundamental standards of humanity.1 In this
context, this report aims to cover relevant developments on the issue of fundamental standards of
humanity, since the most recent analytical report of the Secretary-General, submitted to the
Commission on Human Rights on 3 March 2006 (E/CN.4/2006/87). The comments and advice
of the International Committee of the Red Cross (ICRC) in the preparation of this report are
gratefully acknowledged.
I. OVERVIEW OF FUNDAMENTAL STANDARDS OF HUMANITY
2.
The need to identify fundamental standards of humanity initially arose from the premise
that most often situations of internal violence pose a particular threat to human dignity and
freedom.2 Previous reports3 observed that, while there is no apparent need to develop new
standards, there is a need to secure practical respect for existing international human rights and
humanitarian law standards in all circumstances and by all actors. Progress already achieved in
this regard is largely based on the increasingly recognized interplay between international human
rights law, international humanitarian law, international criminal law, international refugee law
and other bodies of law that may be relevant.
3.
During the period from 1998 to 2003, the following developments have contributed to the
interpretation and application of the relevant standards: (a) ongoing work of the International
Criminal Tribunals for the Former Yugoslavia and Rwanda; (b) ongoing work of regional human
rights bodies and courts; (c) adoption by the Human Rights Committee of general comment
No. 29 on article 4 of the International Covenant on Civil and Political Rights (ICCPR);
(d) adoption by the International Law Commission of the draft articles on State Responsibility
for Internationally Wrongful Acts; and (e) increased ratification by States of key international
human rights law and international humanitarian instruments. Furthermore, agreements
1
See for example Commission on Human Rights decisions 2004/118 and 2002/112 and
resolution 2000/69.
2
See E/CN.4/2002/103, para. 2; E/CN.4/2001/91, para. 4; E/CN.4/2000/94, paras. 7-12;
E/CN.4/1999/92, para. 3; and E/CN.4/1998/87, para. 8. See also E/CN.4/2004/90 and
E/CN.4/2006/87.
3
See E/CN.4/2002/103 and E/CN.4/2001/91.
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