A/HRC/42/CRP.5 384. International human rights law prohibits the arbitrary deprivation of life. Although Myanmar is not a party to the ICCPR, Myanmar must respect this prohibition because it is a rule of customary international law.858 The Human Rights Committee has interpreted the right to life to include a “heightened duty of care” to protect the lives of individuals deprived of their liberty since States assume a responsibility to care for the life and bodily integrity of people it detains.859 In situations of armed conflict, the Geneva Conventions also prohibit violence to life and person, and murder in particular, of people taking no active part in hostilities, including those in a Government’s custody.860 Collectively, these rules prohibit the use of lethal force against a person deprived of liberty when a person who is not taking an active part in hostilities presents no threat of imminent death or serious injury.861 In a situation where a person deprived of liberty does manage to take an active part in hostilities, Myanmar must nonetheless respect other rules of international humanitarian law, including the prohibition on indiscriminate attacks and the rule of proportionality.862 While it is a general rule of international human rights law that all deaths at the hands of authorities must be investigated,863 there is a heightened obligation for effective investigations where a person dies in State custody. 864 These investigations must be independent, impartial, prompt, thorough, effective, credible and transparent. 865 Prosecutions must occur where appropriate.866 In addition, accountability encompasses measures to realize the right to know the truth, the right to reparation and guarantees of non-recurrence.867 Under international humanitarian law, violence to life and person, in particular murder, is a war crime that also requires criminal investigation. 868 858 859 860 861 862 863 864 865 866 867 868 United Nations Human Rights Committee, General Comment No. 24: Issues Relating to Reservations Made upon Ratification or Accession to the Covenant or the Optional Protocols thereto, or in Relation to Declarations under Article 41 of the Covenant, CCPR/C/21/Rev.1/Add.6, 4 November 1994, para. 8. Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, para. 25. The four Geneva Conventions, Common Article 3(1)(a). For a discussion of acts and omissions other than murder that can constitute violence to the life of a person, see Jean-Marie Henckaerts, eds., Commentary on the First Geneva Convention: Convention (I) for the Amelioration of the Condition of the Wounded in Armies in the Field, International Committee of the Red Cross, 15 December 2016, Commentary to Article 3, paras. 591-593. Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, para. 12. See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 1 (the principles of distinction between civilians and combatants), rule 11 (indiscriminate attacks) and rule 14 (proportionality in attack). Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Basic Guideline and Principle, principle 4; the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (Minnesota Protocol). Available at https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf, para 16. The Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (Minnestoa Protocol). Available at https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf, para 17. E.g., Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, paragraph 28. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Basic Guideline and Principle, principle 4; the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (Minnesota Protocol). Available at https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf, para. 24. Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 2005, principle 1. See, J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 156 (definition of war crimes). 109