The International Commission of Jurists’ submission responded to a call for comments by the UN Committee on Economic, Social and Cultural Rights (CESCR) on its draft General Comment on the application of the International Covenant on Economic, Social and Cultural Rights (Covenant) in situations of armed conflict.
The submission highlights five key issues:
- the continuous applicability and complementarity of the ICESCR in armed conflict, occupation and post-conflict settings;
- that economic, social and cultural rights (ESCR) violations and abuses may constitute international crimes including war crimes, crimes against humanity and genocide;
- the interdependence and indivisibility of all human rights, including ESCR, in situations of armed conflict;
- that States retain their duties to respect, protect and fulfil ESCR, including minimum core obligations, in armed conflict, occupation and post-conflict settings; and
- the need for transitional justice mechanisms to fully and effectively ensure accountability and redress for Covenant violations.
ICJ’s submission is grounded on the ICJ’s earlier research, including a recent report on the impact on ESCR during the conflict in Nepal, and a range of examples from its work in Africa. It makes a set of clear recommendations to the CESCR in respect of its General Comment.
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Download the full Submission in English here.
