IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
all human rights and fundamental freedoms for all, without distinction of
any kind and in a fair and equal manner; and (b) address situations of
violations of human rights, including gross and systematic violations, and
make recommendations to resolve them.
Both the Commission and the Council have consistently considered
violations of international humanitarian law to fall within their mandates.
The Council has further decided that “given the complementary and mutually
interrelated nature of international human rights law and international
humanitarian law, the [universal periodic] review shall take into account
applicable international humanitarian law.”153 Member States have
repeatedly called for action by States and the United Nations to address
such violations. For instance, in 1994, the Commission analysed the human
rights situation in Rwanda and issued a resolution “condemn[ing] in the
strongest terms all breaches of international humanitarian law […] and
call[ing] upon all the parties involved to cease immediately these breaches,
violations and abuses and to take all necessary steps to ensure full respect
for human rights and fundamental freedoms and for humanitarian law”.154
The Commission also adopted a number of resolutions referring to abuses
of both international human rights law and international humanitarian law
in the context of armed conflict in Afghanistan, Burundi, Colombia, the
Occupied Palestinian Territory and Uganda, among others.
More recently the Commission on Human Rights acknowledged that
“human rights law and international humanitarian law are mutually
reinforcing” and considered that “the protection provided by human
rights law continues in armed conflict situations, taking into account when
international humanitarian law applies as lex specialis”. The Commission
emphasized that “conduct that violates international humanitarian law,
including grave breaches of the Geneva Conventions, of 12 August
1949, or of the Protocol Additional thereto of 8 June 1977 relating to
the Protection of Victims of International Armed Conflicts (Protocol I), may
also constitute a gross violation of human rights”. The Commission then
Resolution 5/1, annex.
Resolution S-3/1.
153
154
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