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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
The provisions of international human rights treaties: article 4 of the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict specifically imposes some
degree of obligation on armed groups. The Committee on the Rights
of the Child, in its 2001 concluding observations on the Democratic
Republic of the Congo, alluded to the responsibility of armed groups
and private companies for violations of the Convention on the Rights
of the Child in the context of the armed conflict;28
The practice of United Nations organs: the Security Council has, on
a number of occasions, called on all parties to a conflict, including
non-State actors, to respect international humanitarian and human
rights law. For example, in resolution 1564 (2004), it stressed in
the preamble that “the Sudanese rebel groups […] must also take all
necessary steps to respect international humanitarian law and human
rights law”;
The practice of non-State actors: in 2005 the Communist Party of
Nepal-Maoist issued a statement welcoming the establishment of a
United Nations human rights field operation in Nepal, promising
United Nations personnel full access to the areas it controlled and
committing itself to respecting human rights standards. The Office of
the United Nations High Commissioner for Human Rights (OHCHR)
later determined that the Party had not respected human rights and
had acted to limit some rights. In El Salvador, the Frente Farabundo
Martí para la Liberación Nacional and the Government entered into
the San José Agreement on Human Rights, co-signed by the United
Nations Secretary-General.
Moreover, as will be explained in the following chapter, gross violations
of human rights and serious violations of humanitarian law could entail
individual criminal responsibility, including for violations committed by
members and leaders of non-State armed groups.
CRC/C/15/Add.153.
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