IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
the occupying Power vis-à-vis the population of the occupied territory. There
are also instances where domestic courts have referred to the outputs of
treaty bodies, including general comments and concluding observations.
The following examples illustrate how treaty bodies and special procedures
deal with the complementarity of rules and principles of international
human rights law and international humanitarian law.
1. Treaty bodies
The Human Rights Committee, in its general comments Nos. 29 (2001) and
31 (2004), dealt with the applicability of the International Covenant on
Civil and Political Rights in armed conflict and recalled that the Covenant’s
human rights obligations apply in situations of armed conflict to which the
rules of international humanitarian law are also applicable (see chap. II,
sect. D).
The Human Rights Committee also recalled in its concluding observations
on a report of Israel that “the applicability of the regime of international
humanitarian law during an armed conflict does not preclude the application
of the Covenant” and that “the provisions of the Covenant apply to the
benefit of the population of the Occupied Territories, for all conduct by
the State party’s authorities or agents in those territories that affect the
enjoyment of rights enshrined in the Covenant and fall within the ambit
of State responsibility of Israel under the principles of public international
law.”163 The Human Rights Committee also indicated in its concluding
observations on a report submitted by the United States of America that
“the State party should in particular […] acknowledge the applicability of
the Covenant with respect to individuals under its jurisdiction but outside its
territory, as well as its applicability in time of war”. It also considered that
the State concerned should “grant the International Committee of the Red
Cross prompt access to any person detained in connection with an armed
conflict. The State party should also ensure that detainees, regardless
CCPR/CO/78/ISR, para. 11.
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