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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
of armed conflict. For example, the Special Rapporteur on extrajudicial,
summary or arbitrary executions has consistently referred to both bodies
of law in his analysis of the lawfulness of killings in armed conflict.171
Regarding the question of whether international humanitarian law falls
within the Special Rapporteur’s mandate, he noted that “it falls squarely
within the mandate. All major relevant resolutions in recent years have
referred explicitly to that body of law.172 The General Assembly, dealing
with the mandate of the Special Rapporteur, urged Governments “to take
all necessary and possible measures, in conformity with international
human rights law and international humanitarian law, to prevent loss of
life […] during […] armed conflicts”.173
In 2006, four Special Rapporteurs issued a report on their mission to
Lebanon and Israel. They recalled that “[h]uman rights law does not cease
to apply in times of war, except in accordance with precise derogation
provisions relating to times of emergency.” Regarding economic, social
and cultural rights, they indicated that “the International Covenant
on Economic, Social and Cultural Rights […] does not explicitly allow
for derogations in time of public emergency, but the guarantees of the
Covenant may, in times of armed conflict, be limited in accordance with
its articles 4 and 5 and because of the possible scarcity of available
resources in the sense of article 2, paragraph 1.” They also indicated that
“[h]uman rights law and international humanitarian law are not mutually
exclusive but exist in a complementary relationship during armed conflict,
and a full legal analysis requires consideration of both bodies of law.
In respect of certain human rights, more specific rules of international
humanitarian law may be relevant for the purposes of their interpretation.”
They concluded that “[t]he international human rights regime, consisting
of the full range of economic, social and cultural rights (such as those
Including in annual reports since at least 1992, which have dealt with the right to life
in the context of international and non-international armed conflicts, for example E/
CN.4/1993/46, paras. 60–61, and A/HRC/4/20. See also the Special Rapporteur’s
report to the General Assembly (A/62/265, para. 29).
172
E/CN.4/2005/7, para. 45.
173
Resolution 59/197, para. 8 (b).
171
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