is the ICCPR relevant in times of war or only in times of peace?

Discussion in 'Human Rights' started by Simonz, Oct 24, 2016.

  1. Simonz

    Simonz Newly Registered

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    So article 4 of the ICCPR includes rights such as right to life, right to not be tortured etc as non-derogable rights that states cannot violate even in times of serious emergencies, but it doesn't include the right to fair trial, due process etc. This is understandable in some situations, for example right after a major terrorist attack such as the 9/11, where expediency and efficiency are vital and trumps the consideration for due process.

    But can the ICCPR be invoked in times of war as well? For example, can the US rely on the fact that right of due process is derogable in the ICCPR to detain without due process POWs captured in an armed conflict, by citing the circumstance as exceptional, and thus justifying the derogation of the due process right?

    Thanks
     

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