IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
and Punishment of the Crime of Genocide confirms what appears to be
the United Nations position that the protection of human rights through the
instruments prepared under the auspices of the Organization shall apply
both in time of peace and in time of war.”148
In his 1970 report, the Secretary-General reviewed the protection given
by United Nations human rights instruments in armed conflicts. Among
other things, he stated that “[t]here are instances in which the autonomous
protection ensured by the human rights instruments of the United Nations
is more effective and far-reaching than that derived from the norms of
the Geneva Conventions and other humanitarian instruments oriented
towards armed conflicts.” The Secretary-General further recalled that
“[t]o the extent, therefore, that the Geneva Conventions make the
protection of certain rights dependent upon the character of the armed
conflict concerned, the protection derived from the United Nations
instruments with respect to the rights in question is more encompassing.”
He also indicated that “[i]n some cases, the human rights instruments of
the United Nations and, in particular, the International Covenant on Civil
and Political Rights, go beyond the Geneva Conventions as regards the
substance of the protection accorded. The Covenant contains certain
substantive provisions protecting some rights of all persons in all types of
armed conflict which either do not find their counterpart in the Geneva
Conventions at all or are included in some of the Conventions only in
regard to international armed conflicts.”149
Recently, the Security Council has frequently requested the United Nations
Secretariat, through the Secretary-General, to take action to respond
to armed conflicts, including by addressing violations of international
human rights and humanitarian law. For example, in its resolution 1564
(2004), the Security Council requested “that the Secretary-General rapidly
establish an international commission of inquiry in order immediately to
A/7720, paras. 23–24 and 30.
A/8052, paras. 24–25 and 27. The Secretary-General goes on to list some examples:
the prohibition of the death penalty for minors and pregnant women, the prohibition of
slavery, the principle of non-retroactivity of criminal law, the right to freedom of thought, etc.
148
149
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