HUMAN RIGHTS COMMITTEE CONCLUDES THE SECOND READING OF ITS DRAFT GENERAL COMMENT ON THE RIGHT TO LIFE

The Human Rights Committee today finished the second reading of its draft General Comment no. 36 on article 6 of the International Covenant on Civil and Political Rights on the right to life, after adopting paragraphs 67 to 71.

Yuval Shany, Committee Chairperson and Rapporteur for the draft General Comment, presented the changes he had made to paragraph 67 on armed conflict and the right to life, in light of the previous discussion on that paragraph. The Experts had previously discussed the issue of collateral death, and the Rapporteur proposed that the Committee rather focus on the principles of precaution and proportionality. The Committee was previously mostly concerned about the situations of isolated attacks by States, such as the use of drones, whereas States parties had pointed out that during large-scale hostilities it was impossible for them to disclose information about targeted attacks, Mr. Shany explained. Some Experts insisted that the Committee should be more forceful in stating that States parties should disclose the criteria for attacking with lethal force individuals or objects whose targeting was expected to result in deprivation of life, especially in the context of the rapid development of modern algorithm-guided weapons. The Committee then adopted draft paragraph 67.

Turning to paragraph 68 on the applicability of article 6 to a state of emergency, Mr. Shany informed that some States parties had asked the Committee to clarify the scope of application of article 6, to add a reference to armed conflict as an example of public emergency, and they noted that States had discretion on how to protect rights. The Committee then adopted draft paragraph 68.

On paragraph 69 on reservations to article 6, some States parties had voiced their doubts about the Committee’s use of ius cogens norms (compelling law), Mr. Shany said. The Experts stressed that there could be no reservation made to the prohibition of the death penalty outside the strict limits provided in article 6. The Committee then adopted draft paragraph 69.

As for paragraph 70 on the effort to outlaw war and strengthen international peace, Mr. Shany explained that the paragraph aimed to underline the connection between war and armed conflict and the loss of life. Some States parties had suggested that the Committee remove the paragraph because it was an aspiration statement, and because it was not in the Committee’s mandate to deal with international peace and security. The Committee then adopted draft paragraph 70.

Finally, with respect to paragraph 71 on the interplay between ius ad bellum and the right to life, Mr. Shany informed that some States parties had suggested that the Committee remove the paragraph because it exceeded the Committee’s mandate. The Experts questioned whether it should be spelled out that acts of aggression were contrary to the United Nations Charter because it was implicit. Some Experts noted that the Committee was straying a bit from its core mission with such a doctrinal paragraph, whereas others underlined that it was important to keep the paragraph to reflect States’ obligations under international law to avoid engaging in acts of aggression. The Committee then adopted draft paragraph 71.

The drafting of General Comment no. 36 began on 14 July 2015 with a half day of general discussion on the right to life. The first reading of the draft was completed at the Committee’s one hundred and twentieth session in July 2017, while the second reading started on 27 October 2017. Further information about draft General Comment no. 36 can be obtained here.

The Committee will formally adopt General Comment no. 36 on Tuesday, 30 October, at 10 a.m., when it will also discuss the next General Comment.

All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. The webcast of the Committee’s public meetings will be available via the following link: http://webtv.un.org/meetings-events/.


The Committee will next meet in public on Monday, 29 October, at 3 p.m., to discuss the progress report of the Special Rapporteur on follow-up to views.


For use of the information media; not an official record

CCPR18/036E