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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
Security Council referred to the Prosecutor the Darfur situation in resolution
1593 (2005), in which it affirmed that justice and accountability were
critical to achieving lasting peace and security in Darfur.
Clearly, the role of the Security Council as the executive organ of the
Organization with enforcement powers gives it a central responsibility in
achieving the United Nations main principles, particularly when there is
a threat to peace, a breach of peace or an act of aggression. Through
the adoption and implementation of coercive measures agreed on a
multilateral level, the Security Council contributes to enforcing human rights
standards and calls upon States to respect the principles of international
humanitarian law. Moreover, a timely Security Council intervention can
be an effective mechanism for ensuring that the international community
and, in particular, the States concerned observe their obligations to
protect civilian populations and to prevent gross human rights violations
amounting to genocide, crimes against humanity and war crimes.
C. THE UNITED NATIONS SECRETARY-GENERAL
As indicated above, the Secretary-General has presented several reports
on respect for human rights in armed conflicts to the General Assembly.
In his 1969 report, the Secretary-General recalled that “the human rights
provisions of the Charter make no distinction in regard to their application
as between times of peace on the one hand and times of war on the other.”
He further stated that “[t]he phraseology of the Charter would apply in its
generality to civilian as well as military personnel; it would encompass
persons living under the jurisdiction of their own national authorities and
persons living in territories under belligerent occupation.” He also indicated
that “[t]he Universal Declaration of Human Rights does not refer in any of
its provisions to a specific distinction between times of peace and times
of armed conflict. It sets forth the rights and freedoms which it proclaims
as belonging to ‘everyone’, to ‘all’, and formulates prohibitions by the
phrase that ‘no one’ shall be subjected to acts of which the Declaration
disapproves.” Finally, he recalled that “the Convention on the Prevention
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