The ICCPR in Armed Conflict: An Appraisal of the Human Rights Committee's Engagement with International Humanitarian Law

Nordic Journal of Human Rights, Vol 35, Issue 3

22 Pages Posted: 20 Sep 2017

See all articles by Vito Todeschini

Vito Todeschini

International Commission of Jurists

Date Written: 2017

Abstract

The present article examines the Human Rights Committee’s pronouncements on the relationship between the International Covenant on Civil and Political Rights (ICCPR) and international humanitarian law (IHL), taking into account the developments in the jurisprudence of other human rights bodies. The analysis aims to clarify the theoretical underpinnings of the relationship between the ICCPR and IHL, paying special attention to the complementarity perspective and the interpretive principle of systemic integration.

The article critically examines the Human Rights Committee’s understanding of how the Covenant applies in armed conflict, specifically in relation to the protection of the rights to life and liberty and the regulation of the use of force and security detention; it considers both the shortcomings and the innovative aspects of the Committee’s interpretations. The analysis concludes by exploring the normative and practical implications deriving from the concurrent application of IHL and the Covenant, particularly with regard to the Committee’s ability to review state action in armed conflict, the duty to investigate violations, and the right to a remedy and reparation for victims.

Keywords: Human Rights Committee, International Covenant on Civil and Political Rights, ICCPR, Armed Conflict, International Humanitarian Law, IHL, Human Rights Law, IHRL, Use of Force, Security Detention, Principle of Systemic Integration

Suggested Citation

Todeschini, Vito, The ICCPR in Armed Conflict: An Appraisal of the Human Rights Committee's Engagement with International Humanitarian Law (2017). Nordic Journal of Human Rights, Vol 35, Issue 3, Available at SSRN: https://ssrn.com/abstract=3007801

Vito Todeschini (Contact Author)

International Commission of Jurists ( email )

PO Box 91
Rue des Bains 33
Geneva 8, 1211
Switzerland

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