IV.  APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW BY THE UNITED NATIONS pertaining to the highest attainable standard of physical and mental health and adequate housing), as well as civil and political rights, thus applies to the analysis of this conflict.”174 In the same year, another group of special procedure mandate holders issued a report on the situation of detainees in Guantanamo Bay, assessing the legal framework applicable to them, including the notion of arbitrary detention, in two situations: detainees captured in the course of an armed conflict and detainees captured in the absence of armed conflict.175 The Working Group on Arbitrary Detention, in its 2005 annual report, also noted that it “considers its mandate as being to deal with communications arising from a situation of international armed conflict to the extent that the detained persons are denied the protection of the Third or the Fourth Geneva Conventions […]”. The Working Group stated, for instance, that “[i]nternal armed conflict involves the full applicability of relevant provisions of international humanitarian law and of human rights law with the exception of guarantees derogated from, provided such derogations have been declared by the State party to the International Covenant on Civil and Political Rights concerned, in accordance with article 4”.176 Other special procedure mandate holders, such as the Special Rapporteur on adequate housing, the Special Rapporteur on illicit movement and dumping of toxic and dangerous products and wastes, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on the sale of children, the Special Rapporteur on the right to education, the Special Rapporteur on the question of torture, and the Representative of the Secretary-General on the human rights of internally displaced persons, have issued thematic reports related to the application of human   A/HRC/2/7, paras. 15–17.   E/CN.4/2006/120. 176   E/CN.4/2006/7, paras. 75 and 71 (b). 174 175 111

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