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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