10
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
not party to a particular treaty. Many of the rights set out in the Universal
Declaration of Human Rights are widely regarded to have this character.7
Furthermore, some rights are recognized as having a special status as
peremptory norms of customary international law (ius cogens), which
means that no derogation is admissible under any circumstance and
that they prevail, in particular, over other international obligations. The
prohibitions of torture, slavery, genocide, racial discrimination and crimes
against humanity, and the right to self-determination are widely recognized
as peremptory norms, as reflected in the International Law Commission’s
draft articles on State responsibility.8 Similarly, the Human Rights Committee
has indicated that provisions in the International Covenant on Civil and
Political Rights that represent customary international law (and a fortiori
when they have the character of peremptory norms) may not be the subject
of reservations.9 The Committee added that “a State may not reserve the
right to engage in slavery, to torture, to subject persons to cruel, inhuman
or degrading treatment or punishment, to arbitrarily deprive persons of
their lives, to arbitrarily arrest and detain persons, to deny freedom of
thought, conscience and religion, to presume a person guilty unless he
proves his innocence, to execute pregnant women or children, to permit
the advocacy of national, racial or religious hatred, to deny to persons
of marriageable age the right to marry, or to deny to minorities the right
to enjoy their own culture, profess their own religion, or use their own
language. And while reservations to particular clauses of article 14 may
be acceptable, a general reservation to the right to a fair trial would
not be.” The Committee, in line with article 4 of the Covenant, has also
See the Human Rights Committee’s observations—in its general comment No. 24
(1994) on 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, and in its general comment No. 29 (2001)—that some rights in
the International Covenant on Civil and Political Rights also reflect norms of customary
international law.
8
Draft articles on responsibility of States for internationally wrongful acts, adopted by the
International Law Commission at its fifty-third session in 2001, reproduced in Yearbook
of the International Law Commission, 2001, vol. II, Part II (United Nations publication,
Sales No. E.04.V.17 (Part 2)).
9
General comment No. 24 (1994), para. 8.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents