Measures must be proportionate and strictly required 42. The measures taken derogating from rights must be only those which are strictly required by the exigencies of the situation.148 The Human Rights Committee will, for example, take into account the duration, geographical coverage and material scope of the emergency.149 States must justify the proclamation of a state of emergency as well as the measures taken in response. 150 Measures taken must not be discriminatory 43. Measures taken derogating from the treaty must not discriminate against individuals on the grounds as set out in the treaty. 151 Measures must not be inconsistent with other international obligations 44. Article 4(1) of the ICCPR notes that measures taken to derogate from rights must not be inconsistent with other obligations in the Covenant as well as other obligations under international humanitarian law, including any which are deemed to be crimes in international law. 152 In an interesting case before the European Court, however, involving detention of an individual by British forces in Iraq, the Court found that a State may also be permitted to deprive individuals of their liberty, under international humanitarian law, where there was an international armed conflict.153 Certain rights are non-derogable 45. Article 4(2), ICCPR acknowledge that certain rights are non-derogable, regardless of the situation. These are the:        The right to life; Protection from torture, cruel, inhuman and degrading treatment and punishment or medical or scientific experimentation without consent; Protection from slavery; Prohibition of imprisonment for failure to fulfil a contractual obligation; Protection from retrospective criminal penalties and law; Protection of everyone as a person before the law; Freedom of thought, conscience and religion. 148 Human Rights Committee, General Comment No.29, CCPR/C/21/Rev.1/Add.11 (2001), para 4. See also Concluding Observations on Israel, 1998, CCPR/C/79/Add/93, para 11. Aksoy v Turkey, European Court, 18 December 1996. 149 Human Rights Committee, General Comment No.29, CCPR/C/21/Rev.1/Add.11 (2001), para 4. 150 Ibid, para 5. Ibid, para 8.. 152 Ibid, paras 9 and 12. See also Statute of the International Criminal Court, Articles 6 and 7. 153 Hassan v UK, European Court, 16 September 2014. 45