IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW BY THE
UNITED NATIONS
Maintaining peace and preventing armed conflict are vital concerns
of the United Nations. As provided in Article 1.3 of the Charter of the
United Nations, promoting and encouraging respect for human rights
and for fundamental freedoms for all without discrimination is one of the
fundamental purposes of the Organization. In this respect, the United
Nations has a long history of drawing on both international human rights
law and international humanitarian law to protect people during times
of armed conflict. It takes into account that the adoption of important
international instruments on human rights, such as the Universal Declaration
of Human Rights and international human rights treaties, has contributed
to affirm the idea that everyone is entitled to enjoy human rights, whether
in peacetime or in wartime.
In the past two decades United Nations Member States have increasingly
called on the United Nations Secretariat and specialized agencies to use
both bodies of law as the basis for their objectives and activities, leading
to the development of considerable expertise, methodology and practice
in the field. Both regimes of law are applied in the context of the General
Assembly, the Security Council and the Human Rights Council. They are
also used in the context of resolutions, monitoring, investigations, analysis,
and reporting by the United Nations Secretariat and specialized agencies,
including the Secretary-General and OHCHR. International human rights
law and international humanitarian law have been applied, in particular,
in the context of the Security Council’s work concerning the protection of
categories of persons, including civilians, women, children and IDPs.
This chapter provides examples of the application of international human
rights and humanitarian law by the United Nations in these various
contexts.
A. THE GENERAL ASSEMBLY
The General Assembly, as the main norm-creating body of the United
Nations, has since the creation of the Organization been actively involved
in the development of human rights norms, including the Universal
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