Respect for national and international public order is meant to ensure the security of individuals. In times of peace, the rule of law forms the legal basis of public order activities designed to protect individuals.
Situations of conflict result in diminished security both for individuals and for the State itself. In such circumstances, the justice system cannot prevent or halt immediate threats of physical violence. The State can then resort to force and restrict human rights in order to restore public order. In situations of internal disturbances, the obligation of maintaining security and order remains guaranteed by national law in conformity with standards fixed by international and regional human rights conventions.
The judicial control of the acts of the executive power and police forces is safeguarded by international and regional courts of human rights.
Safety in times of armed conflict
In situations of armed conflict, security and the rule of law is largely ineffective. This is why international humanitarian law defines rules that limit or restrict the use of force and grants fundamental guarantees of victims in terms of relief and right to legal protection.
Serious violations of international humanitarian law are considered war crimes or crimes against humanity and engage criminal responsibility for its perpetrators.
The Geneva Conventions and their Additional Protocols provide specific prohibitions regarding military and civilian authorities, aimed at protecting the physical security of the most vulnerable groups within each population. To achieve respect for such provisions, humanitarian law takes into account the specific stakes and dangers at play for each category of persons. In other words, international humanitarian law establishes levels of responsibility for the different armed actors, so as to ensure the safety of the following groups or entities: