Law and Serious Violations of International Humanitarian Law, adopted
in 2005 by the General Assembly in its resolution 60/147, underscore the
need for victims to be treated with humanity and respect for their dignity
and human rights, and emphasize that appropriate measures should be
taken to ensure their safety, physical and psychological well-being and
privacy, as well as those of their families. The Basic Principles and Guidelines
also outline remedies to be made available to victims of violations
of international human rights and humanitarian law. These include
the victim’s right to equal and effective access to justice, effective and
prompt reparation for harm suffered, and access to relevant information
concerning the violations and reparation mechanisms. More specifically,
they outline certain obligations on States to provide reparation to victims
for acts or omissions which can be attributed to the State and constitute
gross violations of international human rights law or serious violations of
international humanitarian law, and to establish national programmes for
reparation and other assistance to victims, if the parties liable for the harm
suffered are unable or unwilling to meet their obligations.
E. Terrorism and other aspects of international law
1. Terrorism and international humanitarian law
International humanitarian law contains a set of rules on the protection
of persons in “armed conflict”, as that term is understood in the relevant
treaties, as well as on the conduct of hostilities. These rules are reflected
in a number of treaties, including the four Geneva Conventions and their
two Additional Protocols, as well as a number of other international
instruments aimed at reducing human suffering in armed conflict. Many
of their provisions are now also recognized as customary international
law.15
There is no explicit definition of “terrorism” as such in international
humanitarian law. However, international humanitarian law prohibits
many acts committed in armed conflict which would be considered
terrorist acts if they were committed in times of peace.16
For example, deliberate acts of violence against civilians and civilian objects
constitute war crimes under international law, for which individuals
may be prosecuted. This rule derives from the fundamental principle
of international humanitarian law related to the protection of civilians
in armed conflict, namely the principle of distinction. According to this
principle, all parties to a conflict must at all times distinguish between
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents