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The minimum humanitarian rules applicable in periods of internal tension and strife

Published online by Cambridge University Press:  23 November 2010

Djamchid Momtaz
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Extract

Many States have in the course of their history faced internal tension and strife, sometimes so serious as to threaten their fundamental interests. These situations, characterized as they are by acts of revolt and violence committed by more or less organized groups fighting either the authorities or amongst themselves, are distinct from those termed non-international armed conflicts, in which the violence is more intense. In order to bring these internal confrontations to an end and restore order, the authorities frequently make massive use of police force or even the armed forces. The inevitable result is a weakening of the rule of law, marked by serious, large-scale human rights violations causing widespread suffering among the population.

Type
50th anniversary of the Universal Declaration of Human Rights: Human rights and international humanitarian law
Information
International Review of the Red Cross (1961 - 1997) , Volume 38 , Special Issue 324: 1948—1998 Human rights and international humanitarian law , September 1998 , pp. 455 - 462
Copyright
Copyright © International Committee of the Red Cross 1998

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References

1 Report of the International Law Commission on the work of its forty-eighth session, 6 May-26 July 1996. UN document A/51/10, p. 137.

2 Nicole Questiaux, “Study of the implications for human rights of recent developments concerning situations known as states of siege or emergency”, UN doc. E/CN.4/Sub.2/1982/15, 27 July 1982, p. 8.

3 “Report of the international workshop on minimum humanitarian standards” (Cape Town, South Africa, 27–29 September 1996), UN doc. E/CN.4/1997/77/Add.l, 28 January 1997.

4 According to Article 4, paragraph 3 of the International Covenant on civil and political rights, the States exercising the right of derogation must, through the agency of the UN Secretary-General, immediately inform the other States Parties of the provisions from which they have departed, and the reasons for this departure. Similarly, paragraph 3 of Article 15 of the European Convention for the protection of human rights and fundamental freedoms stipulates that the States Parties who exercise this right must keep the Secretary-General of the Council of Europe fully informed of the measures taken and grounds for taking them.

5 See resolution 1997/21, paragraph 3, of 11 April 1997 of the Human Rights Commission.

6 Article 4 of the International Covenant on civil and political rights, Article 15 of the European Convention for the protection of human rights and fundamental freedoms, and Article 27 of the American Convention on human rights.

7 Meron, Theodor, Human Rights in internal strife: their international protection, Grotius Publications, Cambridge, 1987, p. 52 Google Scholar , and Gasser, Hans-Peter, “A measure of humanity in internal disturbances and tensions: proposal for a Code of Conduct”, IRRC, No. 262, January-February 1988, p. 43.CrossRefGoogle Scholar

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9 Case concerning the Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain), I.C.J. Reports 1970, p. 32.

10 Ibid.

11 Supra (note 1), Article 33, paragraph 2.

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20 Supra (note 7).

21 Conference on Security and Co-operation in Europe, Moscow Declaration of 3 October 1991, International Legal Materials, Vol. 30, 1991, p. 1670 ff.

22 Observations of Switzerland, Report of the Sub-Commission on prevention of discrimination and protection of minorities, UN doc. E/CN.4/1997/77/Add. 1, 28 January 1997, p. 2.

23 Human Rights Commission, resolution 1997/21, 11 April 1997.