Applicability of human rights and humanitarian law
Situation
Applicable law
International armed conflict
Including wars between States and against colonial domination, alien
occupation, racist regimes, in exercise of right to
self-determination
Four Geneva Conventions of 1949:
(1) Wounded and sick in the field
(2) Shipwrecked
(3) Prisoners of war
(4) Civilian persons
Additional Protocol I
Other human rights provisions according to the
local situation, as described below, and with no
violation of non-derogable rights
Non-international armed conflict
Common article 3 of the Geneva Conventions
(applies to government and opposition forces)
Additional Protocol II
Other human rights provisions, with no violation
of non-derogable rights (see below)
Internal tensions:
Disturbances; riots; isolated and sporadic acts of
violence: public emergency which threatens the
life of the nation, where measures normally compatible with constitution and laws in force are
plainly inadequate to address the situation:
State of emergency declared
All human rights, with the following exceptions:
Derogations from certain rights may be permissible to the extent strictly required by the exigencies
of the situation and only if not inconsistent with
other requirements under international law. Such
measures must not discriminate solely on the basis
of race, colour, sex, language, religion or social
origin. No derogation is permissible with regard to
the right to life; the prohibition of torture; slavery;
or imprisonment for failure to fulfil a contractual
obligation
Internal tensions: Disturbances; riots; isolated
and sporadic acts of violence;
No state of emergency declared
All human rights without exception, subject
only to such limitations as are determined by law
solely for the purpose of securing due recognition
and respect for the rights and freedoms of others
and of meeting the just requirements of morality,
public order and the general welfare in a democratic society
Normal situations
All human rights without exception, subject only
to such limitations as are determined by law solely
for the purpose of securing due recognition and
respect for the rights and freedoms of others and
of meeting the just requirements of morality, public order and the general welfare in a democratic
society
OHCHR Police Trainer’s Guide
Session 9 (Armed Conflict)/hand-out
131
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