C. Relation of human rights and international humanitarian law in their application to counter-terrorism measures Both the UN Human Rights Committee and, more recently, the Inter-American Commission on Human Rights have affirmed that human rights and international humanitarian law complement each other in this area. The test for evaluating respect for a particular right in a situation of armed conflict may be distinct from that applicable in time of peace. United Nations In its General Comment No. 29 on article 4 of the Covenant, the Human Rights Committee stressed that international humanitarian law remains relevant, even if States party take steps to derogate from certain provisions of the Covenant: [A]rticle 4, paragraph 1, requires that no measure derogating from the provisions of the Covenant may be inconsistent with the State party's other obligations under international law, particularly the rules of international humanitarian law. […] States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law, for instance by taking hostages, by imposing collective punishments, through arbitrary deprivations of liberty or by deviating from fundamental principles of fair trial, including the presumption of innocence. --General Comment 29,CCPR/C/21/Rev.1/Add.11, paras. 9, 11 (2001). Inter-American System The Inter-American Commission on Human Rights has emphasized the relevance of international humanitarian law to analysing counter-terrorism measures taken by States in certain circumstances: [I]n situations of armed conflict, the protections under international human rights and humanitarian law may complement and reinforce one another, sharing as they do a common nucleus of non-derogable rights and a common purpose of promoting human life and dignity. In certain circumstances, however, the test for evaluating the observance of a particular right, such as the right to liberty, in a situation of armed conflict may be distinct from that applicable in time of peace. In such situations, international law, including the jurisprudence of this Commission, dictates that it may be necessary to deduce the applicable standard by reference to international humanitarian law as the applicable lex specialis. 16

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