-- Precautionary Measures in Guantanamo Bay, Cuba , Inter-American
Commission on Human Rights, March 13, 2002.
*****
[B]oth Common Article 3 [of the Geneva Conventions] and Article 4 of the
American Convention protect the right to life and, thus, prohibit, inter alia,
summary executions in all circumstances. Claims alleging arbitrary
deprivations of the right to life attributable to State agents are clearly within
the Commission’s jurisdiction. But the Commission’s ability to resolve
claimed violations of this non-derogable right arising out of an armed conflict
may not be possible in many cases by reference to Article 4 of the American
Convention alone. This is because the American Convention contains no
rules that either define or distinguish civilians from combatants and other
military targets, much less, specify when a civilian can be lawfully attacked
or when civilian casualties are a lawful consequence of military operations.
Therefore, the Commission must necessarily look to and apply definitional
standards and relevant rules of humanitarian law as sources of authoritative
guidance in its resolution of this and other kinds of claims alleging violations
of the American Convention in combat situations. To do otherwise would
mean that the Commission would have to decline to exercise its jurisdiction
in many cases involving indiscriminate attacks by State agents resulting in a
considerable number of civilian casualties. Such a result would be manifestly
absurd in light of the underlying object and purposes of both the American
Convention and humanitarian law treaties.
--Case 11.137, Report Nº 5/97, Abella case, Annual Report of the IACHR
1997 (para. 161).
17
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