Chapter 5 International Human Rights Law International human rights law emerged from the 1948 Universal Declaration on Human Rights and constitutes a dense body of numerous international and regional treaties. At the practical level, it is complemented by numerous declarations and other documents, such as the OSCE human dimension commitments. Human rights treaties (especially the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; and the European Convention for the Protection of Human Rights and Fundamental Freedoms) constitute the main basis for the rights discussed in this handbook (see Box 5.1 for the main provisions). This chapter discusses the main treaties and explains their potential application to members of the armed forces. The treatment of members of the armed forces as citizens in uniform under human rights law is introduced. Next, the chapter deals with the relationship between these treaties and domestic law, and then with the conditions under which these rights can be limited under international law. Finally, the chapter deals with the issue of safeguards for breaches of human rights law. 1. The Main Treaties The modern law of international human rights is based on the UN Charter (in particular its Preamble and Arts. 1.3, 55, and 56), supplemented by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. In addition, there are UN treaties dealing with discrimination with respect to race and women; the Convention on the Rights of the Child; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment;24 and conventions concerned with refugees and citizenship (see Box 5.1 below, summarizing the main provisions). Human rights law is also complemented during times of armed conflict by international humanitarian law.25 The main treaties are the Geneva Conventions of 1949, with the 1977 Protocols to those Conventions. A number of other treaties also protect human rights by dealing with the criminal liability of individuals, rather than state liability. These include 13 general treaties on terrorism, treaties on genocide and slavery, and the Rome Statute on the International Criminal Court. A number of these provisions can potentially apply to armed forces personnel. This handbook, however, focuses on the human rights of members of the armed forces rather than their duties to respect the human rights of civilians or combatants. We will therefore not discuss international humanitarian law or personal liability in international criminal law except in the limited sphere of commanders’ responsibility (see Chapter 20, “The Responsibility of Commanders and Individual Accountability”). UN treaty obligations are further complemented by regional human rights systems. In practice, the main system of relevance to OSCE states is the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has been ratified 24  Also see the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. 25  See D. Fleck (ed.), The Handbook of Humanitarian Law in Armed Conflicts (Oxford: Oxford University Press, 1995); I. Detter, The Law of War (Cambridge: Cambridge University Press, 2000), 2nd edition. 31 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel