In Times of Conflict

In addressing the treatment of individuals or peoples in situations of conflict, humanitarian law forbids any adverse distinction to be made on the basis of “race, color, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria” (API Art. 9, APII Art. 2, GCI–IV Common Art. 3, GCI and GCII Art. 12, GIII Art. 16, and GCIV Art. 13). The Statute of the International Criminal Court (adopted 17 July 1998) further details the list by adding “age” and “ethnic origin” and replacing “sex” with “gender” (Art. 21.3 of ICC Statute).

In addition to this non-discrimination clause, the articles of the Geneva Conventions and their Additional Protocols give certain specific instructions on the prohibition of any form of discrimination for specific situations:

• The provisions of the Conventions aimed at alleviating the suffering of civilians caused by war must be applied equally for all individuals (GCIV Art. 13).
• In occupied territories, supplies must be distributed to civilian populations without adverse distinction between individuals (API Art. 69).
• This also applies to relief actions for the civilian population, whether carried out in occupied territories or other situations, especially in the case of medical care and attention (GCIV Art. 16; API Arts. 10, 11; APII Arts. 7.2, 9.2), and when providing other essential supplies (API Arts. 69, 70; APII Art. 18.2).
• Humanitarian law clearly states that the principle of non-discrimination must be applied to prisoners of war (GCIII Art. 16). It contains multiple provisions establishing that prisoners of war must be treated under conditions as favorable as those for the forces and civilian population of the detaining power. This applies to living conditions (GCIII Art. 25), transfers (Art. 46), working conditions (Art. 51), and penal and disciplinary sanctions (Arts. 82, 84, 88, 102, and 106).
• If internees commit offenses that are not punishable if committed by persons who are not internees, they may only incur disciplinary punishments, not penal sanctions (GCIV Art. 117).

In Times of Peace

Discrimination is also forbidden in times of peace. It violates one of the most basic principles guiding society: that all individuals are equal before the law. The practice of discrimination can fall under different categories, and several conventions and declarations forbid it:

• International Convention on the Elimination of All Forms of Racial Discrimination (GA Resolution 2106 [XX] of 21 December 1965);
• International Convention on the Suppression and Punishment of the Crime of Apartheid (GA Resolution 3068 [XXVIII] of 30 November 1973);
• Convention on the Elimination of All Forms of Discrimination against Women (GA Resolution 34/180 of 18 December 1979);
• Convention against Discrimination in Education, adopted under the aegis of UNESCO at its Eleventh Session on 14 December 1960;
• Convention (No. 100) Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, adopted under the aegis of the International Labor Organization (ILO) at its Thirty-fourth Session on 29 June 1951;
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (GA Resolution 36/55 of 25 November 1981).

The Rights of Individual Complaint