including on the grounds listed in Article 2 of the Charter and
those highlighted in resolutions of the Commission.
B. The scope of the prohibition on the ‘arbitrary’
deprivation of life
(12) A deprivation of life is arbitrary if it is impermissible under
international law, or under more protective domestic law
provisions. Arbitrariness should be interpreted with reference to
considerations such as appropriateness, justice, predictability,
reasonableness, necessity and proportionality. Any deprivation
of life resulting from a violation of the procedural or substantive
safeguards in the African Charter, including on the basis of
discriminatory grounds or practices, is arbitrary and as a result
unlawful.
(13) The right to life continues to apply during armed conflict.
During the conduct of hostilities, the right to life needs to be
interpreted with reference to the rules of international
humanitarian law. In all other situations the intentional
deprivation of life is prohibited unless strictly unavoidable to
protect another life or other lives.
(14) A State shall respect the right to life of individuals outside its
territory. A State also has certain obligations to protect the right
to life of such individuals. The nature of these obligations
depends for instance on the extent that the State has jurisdiction
or otherwise exercises effective authority, power, or control over
either the perpetrator or the victim (or the victim’s rights), or
exercises effective control over the territory on which the
victim’s rights are affected, or whether the State engages in
conduct which could reasonably be foreseen to result in an
unlawful deprivation of life. In any event, customary
international law prohibits, without territorial limitation,
arbitrary deprivation of life.
C. The requirement of accountability
(15) The failure of the State transparently to take all necessary
measures to investigate suspicious deaths and all killings by
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