Page 60 - karabag raporu eng

On-Site Investigation Report on Human Rights in Karabakh

classrooms, vehicles, and dining tables inside private property. Parts of the
missiles are also exhibited in the same square.

The targeted killing of civilians is primarily a violation of the “Right to Life”
regulated in Article 2 of the European Convention on Human Rights, which is
the most fundamental of all rights and cannot be violated even in times of war
and other extraordinary situations that threaten the existence of the nation. As
a matter of fact, the mentioned article regulates that “Everyone’s right to life
shall be protected by law. No one shall be deprived of his life intentionally save
in the execution of a sentence of a court following his conviction of a crime
for which this penalty is provided by law.” On the other hand, the child’s right
to life and development is regulated in Article 6 of the United Nations Con-
vention on the Rights of the Child, and accordingly, “States Parties recognise
that every child has the inherent right to life; States Parties shall ensure to the
maximum extent possible the survival and development of the child.” Howev-
er, the armed forces of Armenia targeted the living spaces of civilians, causing
the death of one child and thus violating the child’s right to life.

In addition, the fact that schools are among the targets clearly puts chil-
dren’s right to life at great risk and also violates their right to education by
preventing children from going to school.

International Humanitarian Law aims to protect civilians in times of war.
The following provisions were regulated in the 1 Protocol on the Protection
st
of Victims of International Armed Conflicts, Additional to the 1949 Geneva
Conventions:

€ In Article 35:
y “1. In any armed conflict, the right of the Parties to the conflict to
choose methods or means of warfare is not unlimited.
y It is prohibited to employ weapons, projectiles and material and
methods of warfare of a nature to cause superfluous injury or un-
necessary suffering.

y It is prohibited to employ methods or means of warfare which are
intended, or may be expected, to cause widespread, long-term,
and severe damage to the natural environment.”

€ In Article 48:
y “In order to ensure respect for and protection of the civilian pop-
ulation and civilian objects, the Parties to the conflict shall at all
times distinguish between the civilian population and combatants

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