A/HRC/3/2
page 131
series of cumulative events”. The International Institute of Humanitarian Law, XVIIth Round
Table on Current Problems of International Humanitarian Law: “International Humanitarian
Law and Other Legal Regimes: Interplay in Situations of Violence” Summary report Prepared by
the International Committee of the Red Cross, Nov. 2003.
37
Under International law, the entitlement to resort to self-defence under article 51 of the
United Nations Charter is subject to the conditions of necessity and proportionality. Beyond
these conditions, article 51 requires that measures taken by States in the exercise of the right of
self-defence shall be immediately reported to the Security Council. See Military and Paramilitary
Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment,
I.C.J. Reports 1986, p. 94, para. 176; ICJ, Legality of the Threat or Use of Nuclear Weapons,
advisory opinion of 8 July 1996, I.C.J. Reports 1996 (I), paras. 42 and 44.
38
A/HRC/2/7, 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 - Mission to Lebanon and Israel (7-14 September 2006), para. 23.
39
See, for example, ICJ, Legality of the Threat or Use of Nuclear Weapons, advisory opinion of
8 July 1996, I.C.J. Reports 1996 (I), p. 226, at p. 240, para. 25; Legal Consequences of the
Construction of a Wall in the Occupied Palestinian Territory, advisory opinion of 9 July 2004,
I.C.J. Reports 2004, para. 106.
40
This includes the provisions reflected in the Hague Regulations and GC Additional Protocol I.
See also Jean-Marie Henckaerts and Louise Doswald-Beck (eds.), Customary International
Humanitarian Law, 3 vols., University Press, Cambridge, 2004 (hereafter “ICRC Study”), as
well as case law of the International Criminal Tribunals for Rwanda and Former Yugoslavia.
41
For a recent global view on international practice concerning international humanitarian law
and human rights law obligations of non-state actors, see Clapham, A. Human Rights
Obligations of Non-State Actors, Oxford: 2006. See also Institute of International Law The
application of international humanitarian law and fundamental human rights in armed conflicts
in which non-state entities are parties, Berlin resolution, Ed. Pedone, Paris, 1999.
42
CCPR/C/21/Rev.1/Add.11, General Comment No. 29, State of Emergency (article 4),
31 August 2001, para. 13.
43
CCPR/C/21/Rev.1/Add.11, General Comment No. 29, State of Emergency (article 4),
31 August 2001, para. 14.
44
E/C.12/2000/4, General Comment No. 14, The right to the highest attainable standard of
health (article 12), 11 August 2000, paras. 28-29.
45
Ibid.
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