96
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
Even if the General Assembly as an organ does not carry out or directly
enforce protective measures, its creation of norms, principles and
standards is fundamental for the effective protection of individual rights.
Furthermore, its resolutions often represent States’ opinio iuris on a given
question, which in time may be consolidated through State practice as a
rule of customary law binding on all States. For example, there is a broad
consensus that many of the rights contained in the Universal Declaration
of Human Rights have crystallized over time into norms of customary
international law. Therefore, the continuous involvement of the General
Assembly in the development of international human rights rules and
principles is of great relevance.
B. THE SECURITY COUNCIL
In the 2005 World Summit Outcome, Member States clearly recognized
that “[t]he international community, through the United Nations, also has
the responsibility to use appropriate diplomatic, humanitarian and other
peaceful means, in accordance with Chapters VI and VIII of the Charter,
to help to protect populations from genocide, war crimes, ethnic cleansing
and crimes against humanity. In this context, [they] are prepared to take
collective action, in a timely and decisive manner, through the Security
Council, in accordance with the Charter, including Chapter VII, on a caseby-case basis and in cooperation with relevant regional organizations
as appropriate, should peaceful means be inadequate and national
authorities are manifestly failing to protect their populations from genocide,
war crimes, ethnic cleansing and crimes against humanity” (para. 139).
The Security Council has, in fact, a long-standing practice of adopting
resolutions in response to certain specific country situations where
international peace and security are at risk and frequently where armed
conflict has begun or is imminent. It has repeatedly demanded that
parties to an armed conflict respect human rights and humanitarian law
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents