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 13

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