Standard 6 : It is ensured that an order issued during a state of war, state of emergency or armed conflict should never be executed if it constitutes breach of international humanitarian law and international criminal law

It is important to ensure that an order issued during a state of war, state of emergency or armed conflict should never be executed if it constitutes breach of international humanitarian law and international criminal law. In order to meet this standard, the adequate constitutional and criminal legal frameworks should be in place.

Summary

Most of analysed frameworks ensure to some extent that orders issued during a state of war, state of emergency or armed conflict should not be executed if it constitutes breach of international humanitarian law and international criminal law. The Kosovo legislation is in line with the standard, the one of North Macedonia is mostly in line, while BiH and Montenegro laws show significant departures.

ALB BIH KOS MNE MKD AVG
Non-derogable human rights guarantees
3
1
3
2
2
2.2
Criminal rules for armed conflicts
No data
2
3
1
3
2.25

Current state of play

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Highest Score

Average, 2021

Non-derogable human rights guarantees Criminal rules for armed conflicts