Human Rights Committee continues to discuss draft General Comment on the right to life

Human Rights Committee 

05 April 2018

The Human Rights Committee this morning continued the second reading of the draft General Comment No. 36 on article 6 of the International Covenant on Civil and Political Rights on the right to life.  The Committee adopted introductory paragraphs on new weapons and on weapons of mass destruction, and opened the discussion on the paragraph concerning less-lethal weapons used by law enforcement officials.

Yuval Shany, Committee Rapporteur for the draft General Comment, led the discussion and reminded of the proposals concerning paragraphs 13 and 14 of the draft text, previously presented by States, organisations and individuals.

Yuji Iwasawa, Committee Chair, cautioned that the Committee should be prudent in making the interpretation of article 6, keeping in mind of what the law was rather than what it should be.  In its interpretation, the Committee should not go beyond and introduce new obligations for States, said the Chair.    

At the beginning of the meeting, the Committee adopted introductory paragraph 12 on new weapons as amended.  

In the discussion on introductory paragraph 13 on weapons of mass destruction, Committee Experts endorsed the proposal to include a reference to acquiring, transferring and sale of weapons of mass destruction, as well as to keep the reference to States’ obligation to provide reparation to victims.  Some Experts noted that weapons of mass destruction certainly led to the destruction of life and, accordingly, the Committee should use stronger or more factual language.  The Committee needed to send a clear message that it was against weapons of mass destruction, and that it encouraged countries to pursue in good faith negotiations to achieve the aim of nuclear disarmament, they said.  Some Experts reminded that it would be important to include a reference to deliberate and accidental use of nuclear weapons, because the Committee had already referred to it in the General Comment No. 14 (1984) on the right to life.  Experts agreed to include a reference to the Treaty on the Prohibition of Nuclear Weapons of 2017 in a footnote.  

The Committee adopted introductory paragraph 13 as amended.  

With regards to the introductory paragraph 14 on less-lethal weapons used by law enforcement officials, Committee Experts debated the use of the phrase “situations of exceptional nature,” which they thought could be too restrictive for the scope of action by States.  They also noted that the phrase “routine situations of crowd control and demonstrations” should be in line with the Havana Principles on the use of force and firearms by law enforcement officials.  The Committee should give weight to the duty of precaution by States in the use of less lethal weapons, they urged.  

The Committee will next meet in public on Friday, 6 April, at 10 a.m. to adopt the annual report.  At 4:30 p.m., the Committee will publicly close its one hundred and twenty-second session.  
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For use of the information media; not an official record
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