IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
Convention’s provisions are without prejudice to the provisions of any other
international instrument”.168 Moreover, in its concluding observations on
a report submitted by Indonesia, the Committee expressed concern over
“allegations of the high incidence of rape in conflict areas perpetrated by
military personnel as a form of torture and ill-treatment and by the absence
of investigation, prosecution and conviction of the perpetrators.” It also
expressed concern “at the situation of refugees and internally displaced
persons as a consequence of armed conflict, especially children living
in refugee camps” and recommended that “the State party should take
effective measures to prevent violence affecting refugees and internally
displaced persons, especially children, who should be registered at birth
and prevented from being used in armed conflict.”169
The Committee on Economic, Social and Cultural rights has reaffirmed
in its concluding observations on a report of Israel that “the State party’s
obligations under the Covenant apply to all territories and populations
under its effective control.” It reaffirmed its position that, even in a situation
of armed conflict, fundamental human rights must be respected and that
basic economic, social and cultural rights, as part of the minimum standards
of human rights, are guaranteed under customary international law and
are also prescribed by international humanitarian law. The Committee
also recalled that “the applicability of rules of humanitarian law does not
by itself impede the application of the Covenant or the accountability of
the State under article 2 (1) for the actions of its authorities.”170
2. Special procedures
Human rights special procedures have also contributed through their
reports to further clarifying the relationship between obligations of
international human rights law and international humanitarian law,
particularly the continuing application of human rights norms to situations
CAT/C/USA/CO/2, para. 14.
CAT/C/IDN/CO/2, paras. 16 and 18.
170
E/C.12/1/Add.90, para. 31.
168
169
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