limited should be interpreted broadly to allow the documentation of all violations, including the resulting consequences on women, girls, men and boys specifically. human rights law and international humanitarian law. They may also be expressly requested to refer to international criminal law when they establish the existence of international crimes perpetrated in the situation under investigation. The work of the investigation teams should encompass both the general and the specific protection of women and girls under the applicable international legal regimes. The protections to which women and girls are entitled are included, inter alia, in the core human rights treaties, and specifically in the CEDAW,22 as well as in provisions under international humanitarian law.23 Nondiscrimination and equality between women and men are central principles of human rights law. Both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) prohibit discrimination on the basis of sex and guarantee women and men equality in the enjoyment of the rights covered by the Covenants. Example As to its geographic scope, the Commission interpreted its mandate to include alleged violations perpetrated out of the territory of the concerned State. This included serious human rights violations, such as the trafficking into forced marriage and forced prostitution experienced by refugee women, that involved extraterritorial actions and/or were a direct result and consequence of the human rights violations that occurred in the territory of the State. (A/HRC/25/CRP.1, para 19) APPLICABLE LEGAL FRAMEWORK International frameworks such as Security Council resolutions particularly related to women, peace and security24 and recommendations of the international human rights mechanisms (HRC, special procedures and treaty bodies) and regional mechanisms, where applicable, should also be considered Investigations should refer to all applicable legal standards, including the three bodies of international law – international human rights law, international humanitarian law, where the legal threshold for armed conflict has been met, and international criminal law, when applicable to the situation under investigation.21 As established practice, CoIs/FFMs interpret whether their mandate requires them to investigate only violations of international human rights law or violations of both international See Women’s Rights are Human Rights (United Nations publication, Sales No. E.14.XIV.5), in particular Chapter V, sections D and F, and UN Women, “Global norms and standards: Ending violence against women”. See also footnotes in this section (I, B). 22 For more information, see International Committee of the Red Cross, General and Specific Protection of Women under International Humanitarian Law. For an introduction to the sources of international humanitarian law and references see, for example, International Legal Protection of Human Rights in Armed Conflict (United Nations publication, Sales No. E.11.XIV.3). 23 Other bodies of law, such as international refugee law, may also be applicable. In its general recommendation No. 30 (2013) (para. 19), CEDAW stresses that “In all crisis situations, whether non-international or international armed conflict, public emergencies, foreign occupation or other situations of concern such as political strife, women’s rights are guaranteed by an international law regime that consists of complementary protections under the Convention and international humanitarian, refugee and criminal law.” See also International Legal Protection of Human Rights in Armed Conflict (United Nations publication, Sales No. E.11.XIV.3), p. 8. 21 See Security Council resolutions 1325 (2000), 1327 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015) and 2331 (2016). For selected Security Council resolutions and documents relevant to women, peace and security, see www.securitycouncilreport.org/un-documents/women-peaceand-security. 24 17

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