Celebrating the 70th anniversary of the Geneva Conventions: the contribution of the Council of Europe to the increasing synergy between international humanitarian law and international human rights law
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 26 November 2021 (see Doc. 15394, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Lord Richard Balfe).
1. The year 2019 marked the 70th anniversary
of the four Geneva Conventions which codified much of modern international
humanitarian law, the principal legal regime that regulates the
conduct of warfare. It is no coincidence that both the Council of
Europe and its foundational human rights instrument, the European Convention
on Human Rights (ETS No. 5), also marked their 70th anniversaries
around this time. All these instruments have their foundations in
the aftermath of the Second World War, and have as their essential
aims the maintenance of peace and the protection of individuals
through international law and co-operation.
2. Both international humanitarian law and international human
rights law have long histories predating the post-war adoption of
the aforementioned conventions. Specific provisions of the two legal
regimes on certain common issues are not always identical, but they
are based on the same fundamental principles of humanity and human
dignity. International humanitarian law is a set of special rules
intended to apply only in the specific circumstances of armed conflict,
whereas international human rights law is general and, in principle,
applies in all circumstances.
3. In certain circumstances, the two regimes may overlap. The
needs for legal certainty and effective protection of individual
rights require careful interpretation of relevant provisions in
such circumstances, in order to ensure that the two legal regimes
remain complementary and coherent, and to prevent further fragmentation
of international law in the relevant areas.
4. The Council of Europe, and in particular the European Court
of Human Rights that is responsible for interpreting and supervising
the implementation of the European Convention on Human Rights, has
made a major contribution to achieving this goal. In a series of
landmark judgments, building also on case law of the International
Court of Justice, the European Court of Human Rights has helped
to clarify the interaction between international humanitarian law
and international human rights law, as laid down in the European Convention
on Human Rights. This has been a complex and challenging task, given
the general terms in which the European Convention on Human Rights
is expressed and the fact that the European Court of Human Rights
normally adjudicates not on abstract principles of law but on their
application to specific sets of facts.
5. The Assembly therefore welcomes the contribution of the Council
of Europe, and in particular the European Court of Human Rights,
to increasing synergy between international humanitarian law and international
human rights law. This contribution has improved the effectiveness
of international law as a whole in ensuring protection of the rights
of individuals during armed conflict.
6. The Assembly recalls that all member States of the Council
of Europe are parties to the European Convention on Human Rights
and to the 1949 Geneva Conventions. It therefore calls on the relevant authorities
of member States to:
6.1 follow
closely the evolution of the case law of the European Court of Human
Rights as regards the interplay between international humanitarian
law and international human rights law, as well as developments
in other fora, including the International Court of Justice;
6.2 ensure that their armed forces, military personnel, State
officials, judiciary, and private military and security companies
are properly trained in the essential content and practical application
of international humanitarian law and the relevant provisions of
international human rights law, keeping abreast of the evolving
case law of the European Court of Human Rights;
6.3 provide within their domestic legal systems procedural
guarantees for the respect of international humanitarian law and
the relevant provisions of international human rights law within
the context of armed conflict, including effective mechanisms for
holding to account the perpetrators of any violations;
6.4 report on a regular and voluntary basis on the implementation
of these measures.
