A/HRC/12/37 page 5 conduct affects the human rights of the individuals under their control.7 Hamas has also made public statements that it is committed to respect international human rights and humanitarian law.8 B. International humanitarian law 8. The cardinal principles of customary international humanitarian law concerning the protection of civilians in the conduct of hostilities - including the principles of distinction between civilians and combatants, between civilian objects and military objectives, proportionality and precautions in attack, humane treatment of those not or no longer taking part in hostilities but finding themselves in the power of a party to the conflict - are applicable to all parties of the conflict. 9. In addition, rules of international humanitarian law regarding military occupation, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), must be applied by Israel, as the occupying Power, in the West Bank and the Gaza Strip. Though Israel has put forward arguments disputing the application of this convention, the situation remains one of military occupation, as recognized by the Security Council, the General Assembly and the Human Rights Council.9 In addition to the applicability of the Fourth Geneva Convention, The Hague Regulations (annexed to the 1907 Convention respecting the Laws and Customs of War on Land), which are accepted as customary international law, apply to the OPT. 7 By way of example, in the joint report on Lebanon and Israel, a group of four special rapporteurs concluded that “Although Hezbollah, a non-State actor, cannot become a party to these human rights treaties, it remains subject to the demand of the international community, first expressed in the Universal Declaration of Human Rights, that every organ of society respect and promote human rights .... It is especially appropriate and feasible to call for an armed group to respect human rights norms when it ‘exercises significant control over territory and population and has an identifiable political structure’.” Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt; the Representative of the Secretary-General on human rights of internally displaced persons, Walter Kälin; and the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari (A/HRC/2/7), para. 19, citing the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/2005/7), para. 76. See also A/HRC/7/76, paras. 4-9, for a brief overview of relevant events leading up to Hamas’ takeover of the Gaza Strip. 8 9 See further A/HRC/8/17, paras. 8-9. See e.g. General Assembly resolutions 62/181 and 63/98, Security Council resolution 1860 (2009) and Human Rights Council resolution 10/18.