116 INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT conflict and military occupation is governed by international humanitarian law, human rights law is applicable at all times, including during states of emergency or armed conflict. The two bodies of law complement and reinforce one another.”197 The high-level fact-finding mission to Beit Hanoun stated that “[a]s the occupying force, Israel has obligations towards the population in Gaza under both international human rights law and international humanitarian law, both of which are relevant to the shelling of Beit Hanoun. […] The longstanding position of United Nations human rights treaty bodies is that, as a State party to international human rights instruments, Israel continues to bear responsibility for implementing its human rights conventional obligations in the occupied Palestinian territory, to the extent that it is in effective control. This position is supported by the jurisprudence of the International Court of Justice which, in its advisory opinions on the [International Status of] South-West Africa case and the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory case, held that an occupying Power remains responsible for fulfilling its obligations under the relevant human rights conventions in occupied territory.”198 Finally, the United Nations Fact-Finding Mission on the Gaza Conflict stated that “the Mission’s mandate covers all violations of international human rights law (IHRL) and international humanitarian law (IHL) that might have been committed at any time, whether before, during or after, in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 to 18 January 2009. The Mission has therefore carried out its task within the framework of general international law, in particular IHRL and IHL.” It further stated that “it is now widely accepted that human rights treaties continue to apply in situations of armed conflict.”199   A/HRC/3/2, para. 64.   A/HRC/9/26, para. 12. 199   A/HRC/12/48, paras. 268 and 295. 197 198

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