IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
in specific conflict situations. For example, according to the Agreement
concerning the establishment of an office in Nepal between OHCHR and
the Government of Nepal signed in April 2005, the office shall “monitor
the observance of human rights and of international humanitarian law
[…] with a view to advising the authorities of Nepal on […] policies,
programmes and measures for the promotion and protection of human
rights”. The Agreement also indicates that the office will “engage all
relevant actors, including non-State actors, for the purpose of ensuring the
observance of relevant international human rights and humanitarian law”.
The Agreement for the establishment of an OHCHR office in Uganda,
signed on 9 January 2006, contains similar provisions, with the office
conducting a similar range of activities. Similarly, the Agreement regarding
the establishment of an OHCHR office in Togo, signed on 10 July 2006,
provides that its mandate is to monitor the observance of human rights rules
and principles and respect for international humanitarian law obligations.
Furthermore, the Agreement on the establishment of an office in Colombia,
signed on 29 November 1996, states that the office will receive “complaints
on human rights violations and other abuses, including breaches of
humanitarian law applicable in armed conflicts.”158 The office monitors
and reports on alleged violations by State and non-State actors.
Finally, the agreement between OHCHR and Mexico, signed on 6
February 2008, indicates that the office shall have freedom of movement
throughout the country, working in a complementary way with other
international agencies dealing with issues of international human rights
and humanitarian law.
The High Commissioner also issues periodic reports referring to violations
of international human rights and humanitarian law by parties to a conflict.
For example, in her 2008 report on the human rights violations resulting
from Israeli military attacks and incursions in the Occupied Palestinian
Territory, she recalled that “both Israel and the Palestinian Authority, as well
as Hamas in Gaza, carry obligations under international humanitarian
E/CN.4/1997/11, annex.
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