A/HRC/14/40
detention in armed conflict; and the issue of the qualification as unlawful alien enemy
combatant to justify the non-recognition of prisoner of war status. In all these situations, the
Special Rapporteur took into consideration both international human rights and
international humanitarian law norms.
24.
Concerning the issue of arbitrary detention in armed conflict situations, it was
recalled that while the Working Group on Arbitrary Detention had decided in 1993 that it
would not deal with situations of international armed conflict in so far as they are covered
by international humanitarian law instruments (E/CN.4/1993/24), it has recently stated that
its mandate is to deal with communications arising from a situation of international armed
conflict in particular to the extent that the detained persons are denied the protection of the
Third or the Fourth Geneva Conventions (E/CN.4/2006/7). For example, the Working
Group applied both international human rights and international humanitarian law in
relation to persons detained in Guantánamo Bay by the United States (E/CN.4/2006/120). It
recalled, inter alia, that international humanitarian law and international human rights law
are not mutually exclusive, but complementary.
25.
Experts indicated that the application of international human rights law and
international humanitarian law to conflict situations is not limited to questions dealing
exclusively with civil and political rights. It was recalled that economic, social and cultural
rights are also strongly affected by conflict. In that respect, special procedures have also
dealt with issues related to, inter alia, housing, health, environment, access to water, and
education. One expert indicated, for example, that a group of special rapporteurs, including
the Special Rapporteur on adequate housing as a component of the right to an adequate
standard of living, carried out a mission in Lebanon in the aftermath of the 2006 conflict
with Israel (A/HRC/2/7). The Special Rapporteur looked at issues related to the armed
conflict dealing with land confiscation, forced evictions and displacement, dispossession of
property, as well as destruction of homes. In the joint report it was recalled, inter alia, that
the demolition of homes in violation of international humanitarian law and subsequent
displacement amounted to forcible eviction, called into question numerous international
human rights requirements and, as stated by the Commission on Human Rights in its
resolution 1993/77, constitute gross violations of human rights, in particular the right to
adequate housing.
26.
Finally, experts noted that special procedures have been quite effective and active in
addressing human rights situations in armed conflict situations. Experts agreed that the
most important challenge remained how their analyses and recommendations were
followed up in the different political bodies of the United Nations, in particular the Human
Rights Council. Experts noted that taking into account that relevant legal and factual
information was regularly provided to the Council, it was for the Council to agree on the
action that was required to effectively protect the rights of civilians in relation to particular
armed conflicts.
III.
Session 2: Treaty bodies’ views concerning the protection of
human rights in armed conflict
27.
In relation to the experience of treaty bodies in protecting human rights in situations
of armed conflict, experts pointed out that the different treaty bodies have, in the context of
their relevant conventions, made important contributions to the clarification of States’
treaty obligations. Experts noted that the Human Rights Committee has, through its general
comments, greatly contributed to clarify the extent of States’ legal obligations in relation to
the application of the International Covenant on Civil and Political Rights in situations of
armed conflict. In general comment 29, for instance, the Committee indicated that during
armed conflict, whether international or non-international, rules of international
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