HUMAN RIGHTS COMMITTEE CONTINUES TO DISCUSS DRAFT GENERAL COMMENT ON THE RIGHT TO LIFE

The Human Rights Committee this morning continued its discussion on a draft General Comment on article 6 of the International Covenant on Civil and Political Rights, on the right to life. In particular, Experts continued their discussion on draft paragraphs 13, 14, 15, 20 and 21. The Committee is discussing a draft prepared by the two Committee Rapporteurs, Yuval Shany and Nigel Rodley. The Committee adopted draft paragraph 13, and decided to revisit draft paragraphs 14 and 15 in the second reading. Discussions on Articles 20 and 21 will continue at the next meeting.

Draft paragraph 13 refers to private individuals or entities empowered or authorized by a State party to employ force with potentially lethal consequences. Victims of arbitrary deprivation of life by private actors empowered or authorized by the State were to be granted the same remedies as would be applicable for violations committed by public officials. The Committee discussed the term “responsible” relating to States parties and their failure to comply with the provisions of article 6. After introducing several further clarifications, the Committee adopted draft paragraph 13.

On draft paragraph 14, it was explained that both wartime and peace time situations were now covered. A further specification relating to law enforcement situations would be added. The development for use in military operations of new lethal autonomous robotics lacking in human compassion and judgment raised difficult legal and ethical questions concerning the right to life, said the Committee. The Committee adopted the entire draft paragraph provisionally (in between brackets), meaning that it would be open for further discussions in the second reading.

The Committee also discussed draft paragraph 15, which relates to the threat or use of weapons of mass destruction, including nuclear weapons. States parties ought to take all necessary measures to stop the proliferation of weapons of mass destruction, including to non-state actors. Views were exchanged on the need to include a reference to good faith negotiations designed to lead to nuclear disarmament. The issue of compensation for the victims of nuclear tests was also addressed. Based on today’s exchange, the Rapporteurs will come up with a redrafted paragraph for the next meeting.

Turning to draft paragraph 20, on exceptions to the right to life, including the death penalty, the Committee stressed that no deprivation of life could be arbitrary. There was no list of exceptions as such. Effective institutional safeguards were needed to prevent arbitrary deprivation of life and be compatible with other provisions of the Covenant. The killing of demonstrators exercising their right of peaceful assembly could, for example, be considered as arbitrary and was included as an example.

Draft paragraph 21 included a reference to gender-related violence involving the application of lethal force against women on account of discriminatory attitudes. The Rapporteurs explained that the example in case was one of due diligence, while one Expert warned against relying on the jurisprudence of regional courts.

The Human Rights Committee will next meet in public on Tuesday, 12 July at 10 a.m., to continue the consideration of the draft General Comment on article 6.


For use of the information media; not an official record

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