Chapter 1 • International Human Rights Law and the Role of the Legal Professions: A General Introduction
those afforded by international human rights law.33 In that sense, humanitarian law is
also less egalitarian in nature, although the principle of non-discrimination is
guaranteed with regard to the enjoyment of the rights afforded by this law.34
What it is of primordial importance to stress at this stage is that, in
international and non-international armed conflicts, international human rights law and
humanitarian law will apply simultaneously. As to the modifications to the
implementation of human rights guarantees that might be authorized in what is
generally called public emergencies threatening the life of the nation, these will be briefly referred
to in section 2.8 below and in more detail in Chapter 16.
International human rights law is applicable at all times, that is, both in
times of peace and in times of turmoil, including armed conflicts, whether
of an internal or international character.
This means that there will be situations when international human rights
law and international humanitarian law will be applicable
simultaneously.
2.6 Reservations and interpretative declarations to
international human rights treaties
In assessing the exact extent of a given State’s legal obligations under a human
rights treaty, it is necessary to ascertain whether the State has made a reservation, or,
possibly, an interpretative declaration at the time of ratification or accession. The major
human rights treaties dealt with in this Manual allow for reservations to be made,
although they have somewhat different ways of regulating the subject. In deciding
whether a State party has actually made a true reservation, rather than a mere
declaration as to its own understanding of the interpretation of a provision or a
statement of policy, the Human Rights Committee set up to monitor the
implementation of the International Covenant on Civil and Political Rights has stated,
in its General Comment No. 24, that it will have regard “to the intention of the State,
rather than the form of the instrument”.35 Whilst this Covenant contains no specific
article regulating the question of reservations, the Human Rights Committee has stated
that the “absence of a prohibition on reservations does not mean that any reservation is
permitted”, but that the matter “is governed by international law”.36 Basing itself on
article 19(3) of the Vienna Convention on the Law of Treaties, the Committee stated
33 J. Patrnogic and B. Jakovljevic, International Humanitarian Law in the Contemporary World, Sanremo, Italy, International Institute
of Humanitarian Law (Collection of Publications 10), 1991, p. 28.
34 See e.g. article 3 common to the Four Geneva Conventions of 12 August 1949; article 75 of Protocol Additional to the
Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I);
and article 2(1) of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims
of Non-International Armed Conflicts (Protocol II).
35 See General Comment No. 24, in UN doc. HRI/GEN/1/Rev.5, Compilation of General Comments and General Recommendations
Adopted by Human Rights Treaty Bodies (hereinafter referred to as United Nations Compilation of General Comments), p. 150, para. 3;
emphasis added.
36 Ibid., p. 151, para. 6.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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