A/HRC/8/18 page 6 the measures of constraint should not affect the fundamental rights of the persons concerned.6 It also underlines that these fundamental rights must be respected, even when measures of control are justified. Furthermore, article 58 of the Fourth Geneva Convention provides that the “Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities”. E. Applicability of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Fourth Geneva Convention with regard to actions by Israel in the Occupied Palestinian Territory 11. With regard to the responsibilities of Israel under its international human rights treaty obligations with regard to the Occupied Palestinian Territory, the International Court of Justice, in its 2004 advisory opinion on the legal consequences of the construction of a wall in the Occupied Palestinian Territory, concluded that the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were applicable.7 The position of United Nations human rights treaty bodies mirrors that of the International Court of Justice, and affirms that, as a State party to international human rights instruments, Israel continues to bear responsibility for implementing its human rights conventional obligations in the Occupied Palestinian Territory, to the extent that it continues to exercise jurisdiction in those territories.8 The International Court of Justice also noted that the obligations of Israel under the International Covenant on Economic, Social and Cultural Rights included “an obligation not to raise any obstacle to the exercise of such rights in those fields where competence has been transferred to Palestinian authorities”.9 12. With regard to the responsibilities of Israel in the Occupied Palestinian Territory as the Occupying Power under the Fourth Geneva Convention Concerning the Protection of Civilian 6 Ibid. 7 ICJ Advisory Opinion paragraphs 102-113 (where ICJ concluded that the protection offered by human rights conventions do not cease in cases of armed conflict and that the ICCPR, the ICESCR and the CRC are applicable in respect of individuals within its jurisdiction, even concerning those individuals under its jurisdiction outside its own territory). 8 An examination of the Concluding Observations of different UN treaty bodies confirms this view: In its Concluding Observations of 2003, the Human Rights Committee (HRC) reiterated that the ICCPR provisions apply “to the benefit of the population of the Occupied Territories for all conduct by the State party’s authorities or agents in those territories that affect the enjoyment of rights enshrined in the Covenant…”. Similarly in its 2003 Concluding Observations, the Committee on Economic, Social and Cultural Rights (CESCR) reaffirmed its view that “the State party’s obligations under the Covenant apply to all territories and populations under its effective control” (E/C.12/1/Add.90) CERD drew a similar conclusion in its Concluding Observations of March 2007 (CERD/C/ISR/CO/13, paragraph 32). 9 ICJ Advisory Opinion, paragraph 112.