Committee, views on communication N° 195/1985, Delgado Páez v. Colombia, 12 July 1990
(A/45/40 (vol. II), annex IX, sect. D).
12 European Court of Human Rights, Kiliç v. Turkey, N° 22492/93, Judgement of 28 March
2000, para. 62. See also Inter-American Court of Human Rights, Velásquez Rodríguez v.
Honduras, Judgement of 29 July 1988 (para. 174).
13 See Delgado Páez v. Colombia: “State parties have undertaken to guarantee the rights
enshrined in the Covenant. It cannot be the case that, as a matter of law, States can ignore
known threats to the life of persons under their jurisdiction, just [because] he or she is not
arrested or otherwise detained. State parties are under an obligation to take reasonable and
appropriate steps to protect them. An interpretation of article 9 which would allow a State
party to ignore threats to personal security of non-detained persons within its jurisdiction
would render totally ineffective the guarantees of the Covenant” (para. 5.5).
14 See, for example, the European Convention on the Compensation of Victims of Violent
Crimes; Recommendation N° R (85) 11 of the Committee of Ministers on the Position of the
Victim in the Framework of Criminal Law and Procedure.
15 See Jean-Marie Henckaerts and Louise Doswald-Beck, eds., Customary International
Humanitarian Law (Cambridge, Cambridge University Press, 2005), as well as case law of the
International Criminal Tribunals for Rwanda and the former Yugoslavia.
16 See International Committee of the Red Cross, “International humanitarian law and
terrorism: questions and answers”. 5 May 2004, available at www.icrc.org.
17 Fourth Geneva Convention, art. 33.
18 Additional Protocol I to the Geneva Conventions, art. 51 (2), and Additional Protocol II
to the Geneva Conventions, art. 13 (2).
19 See “International humanitarian law and terrorism…”.
20 Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1995,
I.C.J. Reports 1996, para. 25.
21 Legal Consequences…, para. 106.
22 See general comment N° 31, para. 11; Legal Consequences…, para. 163; and Case
concerning Armed Activities…, paras. 216–220, 345 (3). See also “Fundamental standards
of humanity” (E/CN.4/2006/87, chap. III), and United Nations, Digest of jurisprudence of
the United Nations and regional organizations on the protection of human rights while
countering terrorism (New York and Geneva, 2003), chap. I, sect. (C).
23 See, for example, Legislative Guide to the Universal Anti-Terrorism Conventions and
Protocols (United Nations publications, Sales N° E.04.V.7).
24 Christopher Greenwood, “International Law and the ‘War against Terrorism’”,
International Affairs, vol. 78, N° 2 (April 2002), p. 301. In 2001, the then United Nations
High Commissioner for Human Rights described the terrorist attacks which occurred in the
United States on 11 September 2001 as a crime against humanity.
25 International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Galic´ ,
Case IT-98-29, Judgement of 5 December 2003. The Tribunal added the following specific
elements (para. 133):
“1. Acts of violence directed against the civilian population or individual civilians not
taking direct part in hostilities causing death or serious injury to body or health within
the civilian population.
“2. The offender wilfully made the civilian population or individual civilians not taking
part in hostilities the object of those acts of violence.
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