The Impact of Human Rights Law on Armed Forces by Peter Rowe

By Peter Rowe

This e-book considers these facets of human rights legislation which can develop into suitable to the actions of military whether or not they stay in barracks, adopt education or are deployed in army operations inside of their very own kingdom or open air it. the original nature of army provider and of army courts offers upward thrust to human rights concerns in admire either one of civilians and squaddies, even if volunteers or conscripts, who locate themselves ahead of those courts. Peter Rowe examines those concerns in addition to the appliance of overseas humanitarian legislation along the human rights tasks of the nation while forces are education for and thinking about armed clash.

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24 In Report No. 142 (Columbia) the Inter-American Commission on Human Rights concluded (in 1998) that ‘because of its structure, the military investigation [of alleged extra-judicial investigations] was neither independent nor impartial. The proceedings also clearly denied the petitioners their fundamental right to an effective judicial remedy, as they were not permitted to be a party to the case. Another serious defect in the military proceedings was the exclusion of available evidence from eye witnesses’ 36 human rights of members of the armed forces Where the inquiry is conducted by the civilian authorities this requirement of independence is likely to be met.

It is, perhaps, not surprising to find that an individual who claims that he was unfairly selected for military service will find it difficult to argue that his State has infringed his human rights in this regard. It has been common in some States to require only men to serve. This would have been the position at the time of the drafting of the various human rights treaties. States would hardly wish to find themselves being challenged on the ground that men had been discriminated against compared with 58 59 This issue can have a high political profile.

GoodwinGill and I. Cohen, Child Soldiers (Oxford: Oxford University Press, 1994). Article 77(2). See also the United Nations Convention on the Rights of the Child 1989, Art. 38. 97 Article 1. Articles 3 and 2, respectively. Article 4. The State itself is required to ‘take all feasible measures to prevent such recruitment’ (Art. 4(2)). On ratification of the Protocol Mexico declared, in CCPR/C/ LKA/2002/4, 18 October 2002, para. 461 that the responsibility ‘for non-governmental armed groups for the recruitment of children under 18 years or their use in hostilities lies solely with such groups and shall not be applicable to the Mexican State as such’.

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