Guide to International Human Rights Mechanisms - Brookings

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Protection During Displacement
ARBITRARy.KILLINGS.
IDPs have the right to life and must therefore be protected against murder, summary executions,
and genocide (Guiding Principle 10), in other words, against arbitrary killings. Not all killing is
forbidden (or “arbitrary”) pursuant to human rights law; for instance, as a last resort, police may
kill a person to prevent him causing imminent injury or death to others. Similarly, soldiers may
kill armed enemy combatants in times of armed conflict. However, these exceptions to the general
prohibition of killing are narrow.
In situations of armed conflict, both parties must try to avoid actions that may lead to the killing
of civilians. In particular, IDPs may not be taken hostage or otherwise used as “human shields” in
conflict and must be protected against the use of anti-personnel landmines.
Arbitrary killings or threatened killings of IDPs may generally be brought to the attention of:
at the universal level
• Special Rapporteur on Extrajudicial, Arbitrary or Summary Executions (page 81)
• Human Rights Committee (page 120), citing CCPR art. 6
• Special Advisor of the Secretary-General on the Prevention of Genocide (page 116)
at the regional level
Thematic Roadmap
• Inter-American Commission (and Court) on Human Rights (page 171), citing ACHR art. 4
and/or ADRDM art. 1
• African Commission (and Court) on Human and Peoples’ Rights (page 156), citing AfCHPR
art. 4
• European Court of Human Rights (page 195), citing ECHR art. 2
For mass killings, see the section on Large-Scale Violations of Human Rights (page 25). Where
mercenaries are responsible for the killings, the new Working Group on the Use of Mercenaries as
a Means of Impeding the Exercise of the Right of People to Self Determination (page 110) may
be interested.
When killings may amount to genocide, crimes against humanity or, if in the context of armed
conflict, war crimes, it may be advisable to involve the International Criminal Court (page 144).
The International Committee of the Red Cross might also be able to intervene for arbitrary killings
in situations of armed conflict (page 142).
For killings or threatened killings of women, children, indigenous peoples, minorities and human
rights defenders, the mechanisms listed in the section on Particular Groups of People (page 22)
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates
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