Yearbook of International Humanitarian Law 2011 - Volume 14 by Annyssa Bellal, Louise Doswald-Beck (auth.), Michael N. PDF

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84 UN Human Rights Council, n. 70, operative para 2; UNGA Third Committee, n. 70, operative para 1. 85 UNSC Res. 2014, n. 71, operative para 2. 86 Explanation of negative vote by the representative of the Russian Federation after adoption of the Human Rights Council’s resolution on 2 December 2011. 87 In particular, the old refrain of ‘‘interfering in internal affairs’’ has been conspicuously absent in international discussions to the Arab Spring uprisings. g. to attack military objectives, etc.

93 With the exception of defining when a civilian takes a direct part in hostilities, IHL rules are sufficiently clear and well-known as to not necessitate summarising them here. However, what is less obvious is how human rights law deals with the right to life during hostilities. The International Court of Justice has the ability to choose whether it wishes to apply IHL rules or human rights rules in any particular situation. However, this is not the case for human rights treaty bodies. Their mandate derives from the human rights treaties to which they are attached and they have no choice but to apply the rules within those treaties.

Case law from the treaty bodies shows that notification, or even authorisation, may be required for demonstrations so that the authorities may organise the necessary security measures. Such requirements may not, in practice, amount to a prohibition. Restrictions may be allowed, provided that they can be shown to be necessary for one of the legitimate aims; in other words, such restrictions may not be arbitrary or unreasonable. 30 Finally, freedom of peaceful assembly can be theoretically derogated from in time of emergency ‘‘to the extent strictly required by the exigencies of the situation’’ (Article 4, ICCPR).

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