A/HRC/16/11 whether the United States intends to proceed to the introduction of a nation-wide moratorium on the death penalty. Ireland regretted that an increasing number of states within the United States have lifted moratoria on the death penalty and urged the United States to introduce a nation-wide moratorium. Ireland welcomed the United States’ exclusion of the death penalty for crimes committed by minors and persons with an intellectual disability. 49. Morocco expressed appreciation for the United States’ commitment to development assistance and referred to a number of programmes and innovative solutions concerning housing rights. 50. Cyprus noted with appreciation that the United States had signed the Rome Statute of ICC. It was concerned about the use of the death penalty and referred to the concerns expressed by a number of treaty bodies related to allegations of brutality and the use of excessive force by law enforcement officials against migrants. 51. Spain asked questions about the closing of the Guantanamo prison, the new regulations on military commissions and the right to a fair trial, and the guarantees for the remaining detainees; and about the United States’ obligations related to consular access to foreign detainees, particularly in relation to the Avena ruling. 52. The delegation addressed issues raised by a number of states, including the relationship between human rights and national security, the death penalty, and indigenous issues. The United States was committed to establishing national security policies that respect the rule of law. It has redoubled its efforts over the past two years to ensure that all armed conflict operations comply fully with all applicable domestic and international law. Torture and cruel treatment are crimes in the United States and steps are taken to prosecute those who commit such acts. All individuals held in armed conflict are held lawfully. In response to a question from Spain, the United States said that all detainees in the US and Guantanamo have robust access to habeas review by its federal courts. 53. United States targeting practices, including lethal operations conducted with the use of unmanned aerial vehicles, comply with all applicable law. To the extent that human rights law may apply in armed conflict or national actions taken in self-defence, in all cases, the United States works to ensure that its actions are lawful. The delegation noted first, that international human rights law and international humanitarian law are complementary, reinforcing, and animated by humanitarian principles designed to protect innocent life. Second, while the United States complied with human rights law wherever applicable, the applicable rules for the protection of individuals and the conduct of hostilities in armed conflict outside a nation’s territory are typically found in international humanitarian law, which apply to government and non-government actors. Third, determining which international law rules apply to any particular government action during an armed conflict is highly fact-specific. 54. In answer to a number of questions regarding detainee treatment, the Defence Department has well-established procedures for reporting detainee abuse and investigates all credible allegations of abuse by United States forces. Between Iraq, Afghanistan, and Guantanamo, the United States has conducted hundreds of investigations regarding detainee abuse allegations, which have led to hundreds of disciplinary actions. All credible allegations of detainee abuse by United States forces have been thoroughly investigated and appropriate corrective action has been taken. The United States further noted its commitment to ensuring that it does not transfer individuals to torture in Iraq and elsewhere. 55. In response to comments from a number of countries regarding capital punishment, the delegation noted that while the matter is a subject of earnest debate in the United States, as a matter of law that punishment is permitted for the most serious crimes with appropriate 8

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