D. DIFFERENT CATEGORIES OF HUMAN RIGHTS AND HUMANITARIAN LAW
VIOLATIONS
Under restricted circumstances, such as during periods of ‘public emergency’ (which
may be declared in situations of armed conflict), States are allowed to impose some
limitations on the rights afforded to individuals under international human rights
law.32 However, even in those circumstances, certain fundamental rights may not be
suspended. These include the right not to be arbitrarily deprived of life; freedom
from torture and other ill-treatment; and freedom of thought, religion, or
conscience.33
Further, in the context of a non-international armed conflict, the protections
provided by international humanitarian law will apply. These include protection
from inhumane or degrading treatment; violence; unfair trials; and restrictions on
methods of warfare.
The following table sets forth the elements that the documentation team must
document in order to prove violations of international human rights and/or
humanitarian law.
Type of violation
Torture by a
State actor
Elements that need to be In violation of In violation
proven
international
of
human rights law? international
humanitaria
n law?
Yes—note
that
Yes
Infliction of severe mental
or physical pain or human rights law
does not permit
suffering
Consent or acquiescence of torture even in
periods of public
state authorities
For a specific purpose, e.g. emergency.
Torture by a nonState actor (e.g.
Syrian
opposition
forces)
gaining
information,
punishment, intimidation,
humiliation
This includes rape and
other forms of sexual
violence.
Infliction of severe mental Not covered (when Yes
or physical pain or committed by a
non-state actor)
suffering
For a specific purpose, e.g.
gaining
information,
punishment, intimidation,
21
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