48 INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT  Temporary: derogation measures are temporary and must be lifted as soon as the public emergency or armed conflict ceases to exist;56  Necessary and proportional: derogation measures must be strictly required by the emergency.57 Furthermore, derogations cannot be justified when the same aim could be achieved through less intrusive means;  Consistent with other obligations under international human rights and humanitarian law: the International Covenant on Civil and Political Rights (art. 4.1) indicates that States may take measures derogating from their international human rights obligations only provided that such measures are not inconsistent with their other obligations under international law. The Human Rights Committee has indicated that “during armed conflict, whether international or non-international, rules of international humanitarian law become applicable and help, in addition to the provisions in article 4 and article 5, paragraph 1, of the Covenant to prevent the abuse of a State’s emergency powers”;58  Procedural guarantees: the Human Rights Committee notes that “the provisions of the Covenant relating to procedural safeguards may never be made subject to measures that would circumvent the protection of non-derogable rights.”59 Certain international human rights instruments explicitly prohibit derogation from some provisions. For example, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture” (art. 2.2).60 The International Covenant on Civil and Political Rights explicitly    International Covenant on Civil and Political Rights (art. 4.1). See also E/CN.4/ Sub.2/1997/19, para. 69. 57   See International Covenant on Civil and Political Rights (art. 4.1). 58   General comment No. 29 (2001), para. 3. 59   Ibid., para. 15. See also below. 60   See similar clause in the International Convention for the Protection of All Persons from Enforced Disappearance (art. 1.2). 56