8
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
in peace or in war—and that international humanitarian law applies only
in the context of armed conflicts, both bodies of law should be applied in
a complementary and mutually reinforcing way in the context of armed
conflict.5
Moreover, certain violations of international human rights and humanitarian
law constitute crimes under international criminal law, so other bodies of
law, such as the Rome Statute of the International Criminal Court, could,
therefore, also be applicable. International criminal law and criminal
justice on war crimes implement international humanitarian law, but they
also clarify and develop its rules. Similarly, other bodies of law, such as
international refugee law and domestic law, will often also be applicable
and may influence the type of human rights protections available.
1. International human rights law
International human rights law is reflected, inter alia, in the Universal
Declaration of Human Rights, as well as in a number of international
human rights treaties and in customary international law. In particular,
the core universal human rights treaties are:
The International Covenant on Economic, Social and Cultural Rights
and its Optional Protocol;
The International Covenant on Civil and Political Rights and its two
Optional Protocols;
The International Convention on the Elimination of All Forms of Racial
Discrimination;
5
The High Commissioner has recalled that, over the years, the General Assembly,
the Commission on Human Rights and, more recently, the Human Rights Council
expressed the view that, in situations of armed conflict, parties to the conflict had
legally binding obligations concerning the rights of persons affected by the conflict.
The Council also recognized the importance and urgency of these problems. In line
with recent international jurisprudence and the practice of relevant treaty bodies, the
Council acknowledged that human rights law and international humanitarian law were
complementary and mutually reinforcing (A/HRC/11/31, para. 5).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents