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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents