HASSAN v. THE UNITED KINGDOM – JUDGMENT
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Article 31, General Rule of Interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary
meaning to be given to the terms of the treaty in their context and in the light of its
object and purpose.
2. The context for the purpose of the interpretation of a treaty shall comprise, in
addition to the text, including its preamble and annexes:
(a) Any agreement relating to the treaty which was made between all the parties in
connexion with the conclusion of the treaty;
(b) Any instrument which was made by one or more parties in connexion with the
conclusion of the treaty and accepted by the other parties as an instrument related to
the treaty.
3. There shall be taken into account, together with the context:
(a) Any subsequent agreement between the parties regarding the interpretation of
the treaty or the application of its provisions;
(b) Any subsequent practice in the application of the treaty which establishes the
agreement of the parties regarding its interpretation;
(c) Any relevant rules of international law applicable in the relations between the
parties.
4. A special meaning shall be given to a term if it is established that the parties so
intended.
C. Case-law of the International Court of Justice concerning the
inter-relationship between international humanitarian law and
international human rights law
35. In its Advisory Opinion on The Legality of the Threat or Use of
Nuclear Weapons (8 July 1996), the International Court of Justice stated as
follows:
“25. The Court observes that the protection of the International Covenant for the
Protection of Civil and Political Rights does not cease in times of war, except by
operation of Article 4 of the Covenant whereby certain provisions may be derogated
from in a time of national emergency. Respect for the right to life, however, is not
such a provision. In principle, the right not arbitrarily to be deprived of one’s life
applies also in hostilities. The test of what is an arbitrary deprivation of life, however,
falls to be determined by the applicable lex specialis, namely, the law applicable in
armed conflict which is designed to regulate the conduct of hostilities. Thus whether a
particular loss of life, through the use of a certain weapon in warfare, is to be
considered an arbitrary deprivation of life contrary to Article 6 of the Covenant, can
only be decided by reference to the law applicable in armed conflict and not deduced
from the terms of the Covenant itself.”
36. In its Advisory Opinion on The Legal Consequences of the
Construction of a Wall in the Occupied Palestinian Territory (9 July 2004),
the International Court of Justice rejected Israel’s argument that the human
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