Article 1. Definition of Torture
71
and thus the legal regime that takes precedence, the Committee argued in its Concluding
Observations that the State party ‘maintains control and jurisdiction in in many aspects
on the occupied Palestinian territories’.283 The Committee also recalled regarding the
argument of lex specialis, that it ‘considers that the application of the Convention’s provisions are without prejudice to the provisions of any other international instrument, pursuant to paragraph 2 of its articles 1 and 16’.284 The Committee also referred to the ICJ’s
Advisory Opinion on the construction of a wall in the Occupied Palestinian Territory, according to which international human rights treaties ratified by the State Party, including
the Convention, are applicable in the occupied Palestinian territories.
Gerrit Zach
283
284
CAT, ‘Concluding Observations: Israel’ (2009) UN Doc CAT/C/ISR/CO/4, para 11.
ibid.
Zach
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents