![]() The Committee’s Draft also raises two legal concerns that the Committee would be wise to avoid.įirst, the Committee’s Draft clarifies that human rights law applies to extraterritorial military operations. After all, on this view, the legality of military action is, ultimately, a question of human rights law. At the same time, if adopted, the Committee’s Draft will place human rights law-along with its monitoring and accountability mechanisms-at the center of legal controversies over the resort to armed force and the conduct of hostilities. In my view, the Committee’s Draft is legally correct on both points. According to the Committee’s Draft, any act of aggression contrary to the United Nations Charter, as well as every breach of the law of armed conflict, violates the right to life of every person it kills. Is it possible to respect the human right to life in the context of war? Or does war, by its very nature, involve the arbitrary deprivation of life? Last month, the United Nations Human Rights Committee released its draft General Comment on article 6 of the International Covenant on Civil and Political Rights, which mandates legal protection of the right to life and prohibits the arbitrary deprivation of life.
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