Economic, Social and Cultural Rights in Armed Conflict: International Human Rights Law and International Humanitarian Law

Abstract

This article examines the ways in which international law protects economic, social and cultural rights in times of armed conflict. It begins by showing that the International Covenant on Economic, Social and Cultural Rights applies in times of armed conflict and, in some cases, extra-territorially. It uses the example of water to show that economic, social and cultural rights are generally defined by both human rights law and international humanitarian law.

Reflections on state obligations with respect to economic, social and cultural rights in international human rights law

“…209 Indeed, it is hard to imagine a situation in which the suspension of core obligations 990 M. Ssenyonjo under the ICESCR corresponding to minimum core entitlements to basic subsistence rights (inherently linked to the non-derogable right to life and the right to freedom from torture and inhuman and degrading treatment), 210 such as rights to basic health care, water, adequate food, and housing can be said to be 'strictly required' in order to maintain or restore (democratic) public order indispensable for the protection of human rights. 211 Thus, the absence of a clause allowing derogation in times of public emergency in the ICESCR indicates that the Covenant generally continues to apply, 212 and as a minimum, states can not derogate from the Covenant's core obligations. In the words of the CESCR, 'because core obligations are non-derogable, they continue to exist in situations of conflict, emergency and natural disaster'.…”

Legality of Anticipatory Self-Defense in International Criminal Law: Special Case Studies in Focus

“…When we determine whether there was a need for anticipatory self-defense or not, imminence will be the determining legal factor in it. The problem lies here in what will be called imminent as different jurists define imminence in different ways as Lubel said imminence is the regular feature in anticipatory self-defense which will justify the act (Mottershaw, 2008). There is no definition of imminence given in International law so it will be decided each time according to the context and situation.…”

Transnational Corporations in the Extractive Industries Operating in Conflict States

“…Based on this Resolution, it could be reasoned that a TNC, which is legally considered an individual, may be deemed to be accountable for direct or indirect breaches of international humanitarian law. Further, the International Covenant on Economic, Social, and Cultural Rights (ICESCR) does not allow any form of suspension or derogation during armed conflict (as opposed to the International Covenant on Civil and Political Rights) (Mottershaw 2008). In support of this, General Comment No.…”

“…For example, common article 3 of the four Geneva Conventions of 1949 addresses internal conflicts and does not distinguish between the obligations of states and non-state actors. It is applicable to all parties with a link to an armed conflict (Mottershaw 2008). By contrast, in international human rights law, the primary obligation to respect human rights remains state-centred.…”