Uruguay (1998) CCPR/C/79/Add.90, para. 8; Armenia (1998), CCPR/C/79/Add.100,
para. 7; Mongolia (2000), CCPR/C/79/Add.120, para. 14; Kyrgyzstan (2000),
CCPR/CO/69/KGZ, para. 12.
5
Reference is made to the Convention on the Rights of the Child which has been
ratified by almost all States parties to the Covenant and does not include a derogation
clause. As article 38 of the Convention clearly indicates, the Convention is applicable
in emergency situations.
6
Reference is made to reports of the Secretary-General to the Commission on Human
Rights submitted pursuant to Commission resolutions 1998/29, 1996/65 and 2000/69
on minimum humanitarian standards (later: fundamental standards of humanity),
E/CN.4/1999/92, E/CN.4/2000/94 and E/CN.4/2001/91, and to earlier efforts to
identify fundamental rights applicable in all circumstances, for instance the Paris
Minimum Standards of Human Rights Norms in a State of Emergency (International
Law Association, 1984), the Siracusa Principles on the Limitation and Derogation
Provisions in the International Covenant on Civil and Political Rights, the final report
of Mr. Leandro Despouy, Special Rapporteur of the Sub-Commission, on human
rights and states of emergency (E/CN.4/Sub.2/1997/19 and Add.1), the Guiding
Principles on Internal Displacement (E/CN.4/1998/53/Add.2), the Turku ( bo)
Declaration of Minimum Humanitarian Standards (1990), (E/CN.4/1995/116). As a
field of ongoing further work reference is made to the decision of the 26th
International Conference of the Red Cross and Red Crescent (1995) to assign the
International Committee of the Red Cross the task of preparing a report on the
customary rules of international humanitarian law applicable in international and noninternational armed conflicts.
7
See articles 6 (genocide) and 7 (crimes against humanity) of the Statute which by
1 July 2001 had been ratified by 35 States. While many of the specific forms of
conduct listed in article 7 of the Statute are directly linked to violations against those
human rights that are listed as non-derogable provisions in article 4, paragraph 2, of
the Covenant, the category of crimes against humanity as defined in that provision
covers also violations of some provisions of the Covenant that have not been
mentioned in the said provision of the Covenant. For example, certain grave
violations of article 27 may at the same time constitute genocide under article 6 of the
Rome Statute, and article 7, in turn, covers practices that are related to, besides
articles 6, 7 and 8 of the Covenant, also articles 9, 12, 26 and 27.
8
See article 7 (1) (d) and 7 (2) (d) of the Rome Statute.
9
See the Committee’s concluding observations on Israel (1998)
(CCPR/C/79/Add.93), para. 21: “… The Committee considers the present application
of administrative detention to be incompatible with articles 7 and 16 of the Covenant,
neither of which allows for derogation in times of public emergency … . The
Committee stresses, however, that a State party may not depart from the requirement
of effective judicial review of detention.” See also the recommendation by the
Committee to the Sub-Commission on Prevention of Discrimination and Protection of
Minorities concerning a draft third optional protocol to the Covenant: “The
Committee is satisfied that States parties generally understand that the right to habeas
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