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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