HUMAN RIGHTS

USE OF FORCE

The outbreak of the Second World War in 1939 once again marked the end of peaceful international
relations. The tragic events of this international conflict led to the adoption of the Charter of the
United Nations (UN Charter) in 1945 resulting in the development of a framework, aimed at
regulating the use of force by members of the international community. That system remains in
force.

Estado de emergencia

Regimen de legalidad, todo lo que se comete dentro de este puede tener consecuencias, debe ser
provisional porque busca salvar al estado

Solo en estados de excepción las fuerzas armadas = policías, velar por la dignidad humana

Estado: brindar seguridad y garantizar dd (sin trabas), garantizar el orden publico (policía), defender
soberanía (ffaa), solo este tiene el uso legitimo de la fuerza (inobservancia: arbitrariedad/DDHH)

Codigo de conducta para los funcionarios encargados de hacer cumplir la ley

Zambrano Velez Vs. Ecuador CIDH

Observacion Genetal 9 CODEHU y Art 8 25 27 y 32 CADH

Principios

 Necesidad
o Ineficacia/inexistencia de otros medios
o Flexibilidad dependiendo la situacion
 Proporcionalidad
o Nivel de fuerza/resistencia
o Peligro (situacion que se pretende evitar)
 Legalidad
o CCFEHCL, PPBB
o Objetivo
 Lo que se busca sea legitimo (proteger otra vida)
o Procedimientos y medios
 Uso diferenciado fuerza
 Neutralizar/reducir la amenaza
 Temporalidad
 Territorialidad
 Humanidad
o Distincion (quien es una amenaza y quien no)

Causales

 Conflicto armado

Suspension/Limitacion de derechos (CAD 27.3)

- Elimina las formas de ejercicio y solo queda su núcleo

 1. Limitación
2. Suspension (mínimo)
a. Inviolabilidad de domicilio
b. Libertad de información
c. Libertad de transito
3. Restriccion (anulación del núcleo del derecho)
a. Establecido en la ley
i. Marco jurídico adecuado
ii. Equipamiento adecuado
iii. Selección, capacitación y entrenamiento
b. Necesario en una sociedad democrática
c. Compatible con el ddhh

Margen para la restricción

1. Uso de armas de fuego

2. Derecho a la vida
a. Insuficiencia de otros medios (principio de necesidad) (en la practica o
hipoteticament)
b. Defensa propia
c. Defensa de terceros
d. Peligro inminente
i. Muerte/Lesiones graves
e. Evitar la comisión de un delito contra la vida
f. Detener a una persona que ofrece resistencia

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PROTEST1

 The right to protest is the individual and/or collective exercise of existing and universally
recognised human rights, including the rights to freedom of expression, freedom of peaceful
assembly and of association, the right to take part in the conduct of public affairs, the right
to freedom of thought, conscience and religion, the right to participation in cultural life, the
rights to life, privacy, liberty and security of a person and the right to nondiscrimination. The
right to protest is also essential to securing all human rights, including economic, social and
cultural rights;
 States are permitted to derogate from international human rights commitments only in
cases of public emergency that threaten the life of the nation; any such derogation must be
officially and lawfully proclaimed in accordance with both national and international law.
Hence, states should not resort to declaring a state of emergency in order to limit protests,
being cognisant that protests extremely rarely give rise to circumstances that meet the
threshold for legitimate derogation
 Any restrictions on protests in emergency situations should be of an exceptional and
temporary nature and limited to those that are strictly required by the exigencies of the
situation, and only when, and as long as, they are not inconsistent with the government’s
other obligations under international law. Even where other circumstances do permit
emergency derogations, such as in the case of natural disasters or armed conflict, the
possibility of restricting the right to protest in accordance with the test set out in Principle 4
1
[Link]
 should generally be sufficient to achieve the necessary aim, and no derogations should be
justified by the exigencies of the situation.
 Rights that are often violated when protests are repressed, in particular:
o The right to life: The right of everyone not to be arbitrarily deprived of his/her life;
o The right to freedom from torture, inhuman and degrading treatment: The right not
to be subjected to torture or to cruel, inhuman or degrading treatment or
punishment;
o The right to privacy: The right of everyone not to be subjected to arbitrary or
unlawful interference with their privacy, family, home or correspondence, nor to
unlawful attacks upon their honour and reputation; and the right to the protection
of the law against such interference or attacks;
o The right to liberty and security of the person: The right not to be subjected to
arbitrary arrest or detention and not to be deprived of his/her liberty except on such
grounds and in accordance with procedures established by law.

Limited scope of restrictions on the right to protest

 States should ensure that derogable rights, which are integral to the right to protest, are
subject to restrictions only on grounds specified in international law. In particular, no
restriction on the rights to freedom of expression, assembly, association and privacy may be
imposed unless the restriction:
 a) Is prescribed by law (legality): Any restriction must have a formal basis in law which is
accessible and formulated with sufficient precision to enable individuals to foresee whether
a particular action is in breach of the law and to assess the likely consequences of any
breach;
 b) Pursues a legitimate aim: Any restriction must be shown by the government to have the
genuine purpose and demonstrable effect of protecting a legitimate aim, either: the
protection of national security, public order (ordre public), the protection of public health or
morals, or the protection of the rights and freedoms of others. The rights to freedom of
assembly and association may also be restricted to protect public safety.
o i. National security may be invoked only to protect a country’s existence or its
territorial integrity against the use or threat of force, or its capacity to respond to
the use or threat of force, whether from an external or internal source;
o ii. Public order may be invoked only where protests present a genuine and
sufficiently serious threat to the very functioning of society or the fundamental
principles on which society is founded, such as the respect of human rights and the
rule of law. Exercising the right to protest, including spontaneous, simultaneous and
counter protests, should be considered an essential characteristic of public order
and not a de facto threat to it, even where the protest causes inconvenience or
disruption;
o iii. Public health may be invoked in protests only if it is evidencebased and where
there is a serious threat to health. The measures must be specifically aimed at
preventing disease or injury, or providing care for the sick and injured, and be
simultaneously applied in the case of other activities for which people ordinarily
gather;
o iii. Public morals may be invoked only if the restriction is demonstrably essential to
the maintenance of respect for the fundamental values of the community, and while
respecting the universality of human rights, the principle of non-discrimination, and
 the rule of law. Given the evolving nature of morality, limitations should never
derive exclusively from a single tradition and should never be used to justify
discriminatory practices, perpetuate prejudice or promote intolerance. A concept of
public morals that excludes the notion of fundamental human rights should always
be understood as contrary to its contemporary meaning;
o iii. The authorities must always strike the proper balance when restricting protests
on the basis of protecting the rights of others – different groups or individuals
involved in protests or those who live, work, or carry on business in the affected
locality. The balance should always fall in favour of those asserting the right to
protest, unless there is strong evidence to justify interference with that right. Such
restrictions should not be invoked as a result of other people’s opposition to
protests or in order to limit political debate. Inconvenience or disruption alone are
never reasons to restrict protests;
o iii. Public safety may be invoked to restrict the rights to freedom of assembly and
association only against a specified and genuine danger to the life or physical
integrity of people, or serious damage to their property.

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COMMITEES (TREATY BODIES)

1. Disappearances
Enforced disappearance is a crime which, if practiced in a ‘widespread’ or ‘systematic’ manner, may
amount to a crime against humanity. .

The agents of a repressive State often perpetrate this crime, which, with complete impunity, “gets
rid” of people that it considers a “nuisance”: no arrest warrant, no charge, no prosecutions. Outside
the protection of the law, the victims find themselves in a situation of utter vulnerability and is
especially at risk of being tortured or executed with complete impunity.

While enforced disappearances may be carried out by non-state actors, such as organised crime or
armed or paramilitary groups

Enforced disappearance is a multiple violation of fundamental human rights, such as the right to life,
the right to personal integrity, the right to liberty and security of the person and the right to
recognition as a person before the law, among others.

Against this backdrop, the right to truth, justice, reparation and guarantees of non-repetition
become essential elements of the struggle against the impunity of the perpetrators of
disappearances, of preventing future human rights violations and for promoting a stable and lasting
peace.

Means to protect and prevent

1.1. The Committee on Enforced Disappearances (CED) is the body of independent experts
which monitors the implementation of the Convention for the Protection of all Persons
against Enforced Disappearance by the States parties.
1.2. Specifically, its responsibilities include:
[Link] reports from States parties, and making recommendations on the topic of
enforced disappearances in that State (article 29 of the Convention).
 [Link] requests for urgent action (article 30 of the Convention).
[Link] individual complaints from victims of a violation of the Convention by a State
party (article 31 of the Convention).
[Link] communications in which a State party claims that another State party is not
fulfilling its obligations under the Convention; so-called inter-state communications
(article 32 of the Convention).
1.3. The United Nations Working Group on Enforced or Involuntary Disappearances (1980)
“examine questions relevant to enforced or involuntary disappearances of persons.”
[Link] Group deals only with cases of enforced disappearances attributable, directly or
indirectly, to States, which means that it does not deal with disappearances
perpetrated by non-state actors.
[Link] does not judge and sanction, carry out exhumations, or grant satisfaction or
reparation.
[Link] Group’s mandate is to trace missing persons and to help families determine the
fate of their relatives who, having disappeared, are not placed under the protection of
the law.
Legal framework
1.4. INTERNATIONAL CONVENTION
[Link] International Convention for the Protection of All Persons from Enforced
Disappearance is designed to protect all persons from enforced disappearances, to
prevent their occurrence, to provide support to victims and guide States as to the
measures to take to promote the rights of the Convention, and enhance cooperation
and assistance between States
[Link] 1(2). No exceptional circumstances whatsoever, whether a state of war or a threat
of war, internal political instability or any other public emergency, may be invoked as a
justification for enforced disappearance.
[Link] 2. For the purposes of this Convention, "enforced disappearance" is considered to
be
[Link]. the arrest, detention, abduction or any other form of deprivation of liberty
[Link]. by agents of the State or by persons or groups of persons acting with the
authorization, support or acquiescence of the State,
[Link]. followed by a refusal to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the disappeared person,
[Link]. which place such a person outside the protection of the law.
1.4.4. Art 5. The widespread or systematic practice of enforced disappearance constitutes a
crime against humanity as defined in applicable international law and shall attract the
consequences provided for under such applicable international law.
[Link] 17. 1. No one shall be held in secret detention.
1.5. Declaration on the Protection of All Persons from Enforced Disappearance
[Link] 1. (1.) Any act of enforced disappearance is an offence to human dignity. It is
condemned as a denial of the purposes of the Charter of the United Nations and as a
grave and flagrant violation of the human rights and fundamental freedoms
proclaimed in the Universal Declaration of Human Rights and reaffirmed and
developed in international instruments in this field.
1.5.2.(2). Any act of enforced disappearance places the persons subjected thereto outside
the protection of the law and inflicts severe suffering on them and their families. It
constitutes a violation of the rules of international law guaranteeing, inter alia, the
right to recognition as a person before the law, the right to liberty and security of the
person and the right not to be subjected to torture and other cruel, inhuman or
degrading treatment or punishment. It also violates or constitutes a grave threat to the
right of life.
 1.6. Inter-American Convention on the Forced Disappearance of Persons
[Link] 1. (a) Not to practice, permit or tolerate the forced disappearance of persons, even
in the states of emergency or suspension of individuals guarantees;
[Link] 1. (b) punish, within their jurisdictions, those persons who commit or attempt to
commit the crime of forced disappearance of persons and their accomplices and
accessories;
[Link] 1 (d). take legislative, administrative, judicial, and any other measures necessary to
comply with the commitments undertaken in this Convention.
1.7. Guiding Principles for the search for disappeared persons
1.7.1. (3) The search should be governed by a public policy;
1.7.2. (6) The search should begin without delay;
1.7.3. (9) The search should take into account the particular vulnerability of migrants;
[Link]) The search should be governed by public protocols.

CASE-LAW
INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF MAIDANIK ET AL. V. URUGUAY

According to the Merits Report, the events that gave rise to this case occurred during the civil-
military dictatorship in Uruguay. The Court stated that the events occurred “in the context of the
systematic practice of arbitrary detention, torture, executions and enforced disappearances
perpetrated by the intelligence and security forces of the Uruguayan dictatorship, in the setting of
the national security doctrine and of Operation Condor.

- A forced disappearance places the victim in a state of complete defenselessness.

- Forced disappearance is particularly grave when it forms part of a systematic pattern or is a
practice applied or tolerated by the State
- continuously infringe, while they exist, various legal rights protected by the American
Convention, especially those safeguarded by the rights to juridical personality, to life, to
personal integrity and to personal liberty, set out in Articles 3, 4, 5 and 7 of the Convention
- The Court has held that, pursuant to Articles 8(1) and 25 of the American Convention, States
“must provide effective judicial remedies to victims of human rights violations,” which “must
be substantiated in accordance with the rules of due process,”
- . Given the duty to investigate, once State authorities learn of an incident, they must initiate
de officio and without delay a serious, impartial, and effective investigation171 that is
undertaken with all legal means available and is directed to ascertain the truth.

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2. Elimination of Discrimination against Women

2.1. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body
of independent experts that monitors implementation of the Convention on the
Elimination of All Forms of Discrimination against Women
2.2. The CEDAW treaty is a tool that helps women around the world to bring about change in
their daily life. In countries that have ratified the treaty, CEDAW has proved invaluable in
opposing the effects of discrimination, which include violence, poverty, and lack of legal
protections, along with the denial of inheritance, property rights, and access to credit.
2.3. States that ratify the Convention are legally obliged to:
[Link] all forms of discrimination against women in all areas of life;
 [Link] women’s full development and advancement in order that they can exercise
and enjoy their human rights and fundamental freedoms in the same way as men; and
[Link] the CEDAW Committee to scrutinize their efforts to implement the treaty by
reporting to the body at regular intervals.
2.4. In accordance with the Optional Protocol to the Convention, the Committee is mandated to:
[Link] communications from individuals or groups of individuals submitting claims of
violations of rights protected under the Convention to the Committee and
[Link] inquiries into situations of grave or systematic violations of women’s rights.
These procedures are optional and are only available where the State concerned has
accepted them.

3. Disabilities
3.1. The Committee on the Rights of Persons with Disabilities (CRPD) is the body of
independent experts which monitors implementation of the Convention on the Rights of
Persons with Disabilities by the States parties.
3.2. The Optional Protocol (A/RES/61/106) which entered into force at the same time as the
Convention, also allows the Committee to:
[Link] and examine individual complaints; and
[Link] inquiries in the case of reliable evidence of grave and systematic violations
of the Convention.
3.3. The Committee’s monitoring mandate is carried out on the basis of a new understanding of
disability. According to the human rights model of disability, disability is a social construct.
It is the barriers within society, rather than personal impairments, that exclude persons
with disabilities.
3.4. Through its engagement and cooperation with States parties, the Committee advocates for
the human rights of persons with disabilities, and provides States parties with
recommendations to support the implementation of provisions enshrined in the
Convention.
3.5. The Committee has consistently highlighted that States parties must ensure that persons
with disabilities and their organizations are included in all initiatives and decision-making
processes that relate to persons with disabilities.

4. Racial Discrimination
4.1. The Committee on the Elimination of Racial Discrimination (CERD) is the body of
independent experts that monitors implementation of the Convention on the Elimination
of All Forms of Racial Discrimination by its State parties.
4.2. In addition to the reporting procedure, the Convention establishes three other mechanisms
through which the Committee performs its monitoring functions:
[Link] early warning procedure;
[Link] examination of inter-state complaints; and
[Link] examination of individual complaints.
[Link] to national constitutions to include provisions prohibiting racial
discrimination;
[Link] reviews of existing laws and regulations to amend those which
[Link]. Amendments to the law at the suggestion of CERD;
[Link]. Making racial discrimination a punishable offence;
 [Link]. Legal guarantees against discrimination in justice, security, political rights, or
access to places intended for use by the general public;
[Link]. Educational programmes;
[Link]. Creation of new agencies to deal with problems of racial discrimination and
to protect the interests of indigenous groups;
[Link]. Consulting CERD in advance about planned changes in the law or
administrative practices.

5. Human Rights
5.1. The Human Rights Committee is the body of 18 independent experts that monitors
implementation of the International Covenant on Civil and Political Rights by its State
parties.
[Link] 41 of the Covenant provides for the Committee to consider inter-state
complaints.
[Link] Optional Protocol to the Covenant gives the Committee competence to examine
individual complaints regarding alleged violations of the Covenant by States parties to
the Protocol.
[Link] Second Optional Protocol to the Covenant relates to the abolition of the death
penalty by States who have accepted the Protocol.
5.2. One of the great strengths of the Committee is the moral authority it derives from the fact
that its membership represents all parts of the world. Instead of representing a single
geographical or national perspective, the Committee speaks with a global voice.
5.3. The Committee’s work has a real effect in promoting the enjoyment of civil and political
rights in many countries, even though the cause and effect relationship is at times difficult
to identify. There are numerous instances of an individual complaint leading to positive
results for the individual concerned, be it in the form of a payment of compensation, a
commutation of a death sentence, a retrial, an investigation into particular events, or a
number of other remedies, in the State party concerned.

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6. Torture
Those imperative norms belong to jus cogens. The prohibition of torture is accompanied by an
international system of criminal sanctions. It is also completed by international imperative
obligations aiming at preventing and limiting the use of torture.

 compel States to uphold judicial and minimal guarantees in matters of detention,

interrogation, and defense of national security.
 States must investigate and punish abuse committed by State agents.
 The prevention of torture also relies on the accountability of medical actors involved in the
assistance of detained persons and on the reinforcement of rules of medical ethics
applicable in those situations.

The various definitions of torture revolve around three main concepts:

 the intentional infliction of physical or psychological pain;

 (2) the fact that this pain is inflicted with one or several specific objectives comprising
obtaining confessions or information, obliterating the personality of the victim, or
diminishing physical or mental capacities;
 (3) the fact that those acts are performed by State agents, under its control or with its
consent.
o The fact that the torturer acts as a State agent is not required in international
humanitarian law conventions applicable in situations of armed conflict. This
softening of the definition in situations of conflict is intended to cover the abuse
committed by all the actors involved in activities of detention and interrogations,
including non-state armed groups and other non-state authorities. Similarly, the
condition of State agent is not required by the Statute of the International Criminal
Court for the repression of torture as a war crime or a crime against humanity. This
requirement is contained in the Convention against Torture, as it frames the
international commitment of states to control and sanction their own agents
involved in such practices.
6.1. The Inter-American Convention to Prevent and Punish Torture, Organization of American
States
6.2. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
6.2.1.“any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person,” for purposes such as:
[Link]. obtaining information or a confession from the individual or a third person;
[Link]. punishing an individual for an act he or she, or a third person, committed or
is suspected of having committed;
[Link]. intimidating or coercing the individual or a third person;
[Link]. any reason based on discrimination of any kind.
6.3. The Committee against Torture (CAT) is the body of 10 independent experts that monitors
implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment by its States parties.
[Link] individual complaints or communications from individuals claiming that their
rights under the Convention have been violated,
[Link] inquiries, and
[Link] inter-state complaints.
6.4. The Optional Protocol to the Convention, which entered into force in June 2006, created
the Subcommittee on Prevention of Torture (SPT). The SPT has a mandate to visit places
where persons are deprived of their liberty in the States parties.
[Link] has a preventive mandate focused on an innovative, sustained and proactive
approach to the prevention of torture and ill treatment.
[Link] may undertake visits to States parties, during the course of which it may visit any
place where persons may be deprived of their liberty.
[Link] its country visits, SPT members also talk with Government officials, custodial
staff, lawyers, and doctors, and can recommend immediate changes intended to
improve the situation of detainees. Their work is governed by strict confidentiality and
they do not reveal who they have spoken to, or what they have been told. People who
provide information to the SPT must not be subject to sanctions or reprisals for having
provided information to the SPT.
[Link] SPT is guided by the principles of confidentiality, impartiality, non-selectivity,
universality and objectivity. The SPT conducts its work in a spirit of co-operation. It
 aims to engage with States parties through a process of constructive dialogue and
collaboration rather than condemnation.

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7. Children
Warring parties use children not only as fighters, but as scouts, cooks, porters, guards, messengers
and more. Many, especially girls, are also subjected to gender-based violence.

- rape and sexual violence, pregnancy and pregnancy-related complications, stigma and
rejection by families and communities.

Children become part of an armed force or group for various reasons. Some are abducted,
threatened, coerced or manipulated by armed actors. Others are driven by poverty, compelled to
generate income for their families. Still others associate themselves for survival or to protect their
communities. No matter their involvement, the recruitment and use of children by armed forces is a
grave violation of child rights and international humanitarian law.

No matter their role, child associated with parties to conflict are exposed to acute levels of violence
– as witnesses, direct victims and as forced participants. Some are injured and have to live with
disabilities for the rest of their lives.

children are deprived of their liberty every year for their alleged participation in hostilities.

When children are prosecuted for crimes under international or domestic law, allegedly committed
while associated with armed forces or armed groups, they must be tried before independent and
impartial judicial bodies and afforded all the judicial guarantees that are generally recognized as
indispensable.

The purpose of any sentence that is handed down against these children should be to rehabilitate
them and ease their reintegration into their communities. In cases where punishment is considered,
neither capital punishment nor life imprisonment without possibility of release should be imposed.

Non-state armed groups are more likely than states to use children in armed conflict. This makes the
problem more difficult to tackle as these groups are less visible and harder to negotiate with.

Means to protect and prevent

7.1. The Committee on the Rights of the Child (CRC) is the body of 18 independent experts that
monitors implementation of the Convention on the Rights of the Child by its State parties.
7.2. UNICEF partners with governments, community groups and others to address the drivers of
child recruitment and stop violations before they occur.
[Link] the release and reintegration of thousands of children who exit armed forces
and groups each year – providing a safe place for them to live upon release, as well as
community-based services for case management, family tracing, reunification and
psychosocial support.
[Link]. Global Coalition for Reintegration of Child Soldiers (+an alliance of Member
States, UN agencies, the World Bank, civil society organizations and academia)
The initiative aims to bring attention to the issue of reintegration of former child
soldiers and encourage action to sustainably address support for child
reintegration programs.
7.3. United Nations
 [Link] United Nations monitors who and where children are recruited around the world.
The Secretary-General names parties to conflict who recruit and use children in his
annual report on children and armed conflict
7.3.2. Special Representative
[Link]. Her role is to work with as many partners as possible and to use every
opportunity to improve the protection of children affected by war. To do this, she
supports the work of the UN to engage in dialogue with the parties to conflict
listed by the Secretary-General in his annual report on children and armed
conflict with the goal of ending violations committed against children.
[Link]. “Childs, not soldiers” campaign (2014) The campaign was designed to
generate momentum, political will and international support to turn the page
once and for all on the recruitment of children by national security forces in
conflict situation (2016 ended)
[Link].1. ACT to protect children affected by conflict campaign (2019) in an
effort to draw attention to all six grave violations against children. (2022
ended)
[Link].1.1. Killing and maiming of children;
[Link].1.2. Recruitment and use of children by armed forces and armed groups;
[Link].1.3. Sexual violence against children;
[Link].1.4. Attacks against schools or hospitals;
[Link].1.5. Abduction of children;
[Link].1.6. Denial of humanitarian access for children.

Legal framework

1.1. Convention on the Rights of the Child

1.1.1. Article 1, for the purposes of that Convention, a child means every human being below
the age of 18 years unless, under the law applicable to the child, majority is attained
earlier,
[Link] 38
[Link]. 1. States Parties undertake to respect and to ensure respect for rules of
international humanitarian law applicable to them in armed conflicts which are
relevant to the child.
[Link]. 2. States Parties shall take all feasible measures to ensure that persons who
have not attained the age of fifteen years do not take a direct part in hostilities.
[Link]. 3. States Parties shall refrain from recruiting any person who has not
attained the age of fifteen years into their armed forces. In recruiting among
those persons who have attained the age of fifteen years but who have not
attained the age of eighteen years, States Parties shall endeavour to give priority
to those who are oldest.
[Link]. 4. In accordance with their obligations under international humanitarian law
to protect the civilian population in armed conflicts, States Parties shall take all
feasible measures to ensure protection and care of children who are affected by
an armed conflict.
1.2. It also monitors implementation of two Optional Protocols to the Convention, on the
involvement of children in armed conflict (OPAC) and on the sale of children, child
prostitution and child pornography (OPSC). On 19 December 2011, the UN General
Assembly approved a third Optional Protocol on a communications procedure (OPIC), which
allows individual children to submit complaints regarding specific violations of their rights
 under the Convention and its first two optional protocols. This Protocol entered into force
in April 2014.
[Link]
[Link]. Art 1. States Parties shall take all feasible measures to ensure that members
of their armed forces who have not attained the age of 18 years do not take a
direct part in hostilities
[Link]. Art 2. States Parties shall ensure that persons who have not attained the age
of 18 years are not compulsorily recruited into their armed forces.
[Link]. Art 3(1) “raise the minimum age for the voluntary recruitment of persons
into their national armed forces [from 15], recognizing that under the Convention
persons under the age of 18 years are entitled to special protection
[Link]. Art 4 (1) Armed groups that are distinct from the armed forces of a State
should not, under any circumstances, recruit or use in hostilities persons under
the age of 18 year
[Link]. Art 4 (2) States Parties shall take all feasible measures to prevent such
recruitment and use, including the adoption of legal measures necessary to
prohibit and criminalize such practices
[Link]. requires governments to take measures to demobilize and rehabilitate
former child soldiers and to reintegrate them into society.

Case law
ICJ, Democratic Republic of the Congo/Uganda, Armed Activities on the Territory of the
Congo
On 23 June 1999, the Democratic Republic of the Congo (hereinafter “the DRC”) filed in the Registry
of the Court an Application instituting proceedings against the Republic of Uganda (hereinafter
“Uganda”) in respect of a dispute concerning “acts of armed aggression perpetrated by Uganda on
the territory of the Democratic Republic of the Congo, in flagrant violation of the United Nations
Charter and of the Charter of the Organization of African Unity” (emphasis in the original).

The Court finds that there is convincing evidence of the training in UPDF training camps of child
soldiers and of the UPDF’s failure to prevent the recruitment of child soldiers in areas under its
control.

It thus concluded that both branches of international law, namely international human rights law
and international humanitarian law, would have to be taken into consideration. The Court further
concluded that international human rights instruments are applicable “in respect of acts done by a
State in the exercise of its jurisdiction outside its own territory”, particularly in occupied territories

_________________________________________________________________________________

2. Refugees and Migrants

2.1. On September 19, 2016, the United Nations General Assembly unanimously adopted the
New York Declaration for Refugees and Migrants. The New York Declaration reaffirms the
importance of the international refugee regime and contains a wide range of commitments
by Member States to strengthen and enhance mechanisms to protect people on the move.
2.2. Missing Migrant Project
2.2.1. According to International Organization for migration (IOM) more than 50,000
migrant went missing from 2014 to 2022.
 [Link], since 2014, people who die in the process of migration towards an
international destination, regardless of their legal status.
[Link] does not directly conduct tracing or searches for missing migrant but provide a
portal gathering all information necessary to people in search of a missing migrant.
[Link] also compiles data, resources, and best practices.

3. Internally displaced people

3.1. A cluster is when a group of agencies work together to set up and deliver an area of
assistance, such as shelter, health care, camp management or protection.
[Link] leads the Global Protection Cluster, co-leads the Global Shelter Cluster with
International Federation of Red Cross and Red Crescent Societies (IFRC) and the Global
Camp Coordination Camp Management Cluster (CCCM) with International Organisation
for Migration (IOM).

DEAD [Link]