A/HRC/3/2
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68.
Serious violations of international human rights law and international humanitarian law
are regulated inter alia by the Rome Statute of the International Criminal Court, as well as
customary international law. Israel has signed but has not ratified the Statute. Lebanon has
neither signed nor ratified the Statute.
(b)
International Human Rights Law
69.
Israel and Lebanon both are bound by international instruments relating to international
human rights law, which requires that they respect, protect and fulfil the human rights of those
within their respective jurisdictions. These instruments include the Universal Declaration of
Human Rights, as well as major human rights treaties, namely the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights,
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of Discrimination Against
Women, and the Convention on the Rights of the Child.
70.
With regard to the situation of children in armed conflict, States parties to the Convention
on the Rights of the Child have specific obligations. Article 38 of the Convention requires States
to respect and ensure respect for the rules of international humanitarian law which are relevant to
the child. In accordance with their international legal obligations to protect the civilian
population in armed conflicts, States parties also must take all feasible measures to ensure
protection and care of children who are affected by an armed conflict.
71.
While the International Covenant on Civil and Political Rights allows for the possibility,
in circumstances that threaten the life of the nation, to derogate from certain guarantees provided that the measures are strictly necessary - certain guarantees are non-derogable at any
time (art. 4). These include, inter alia, the right to life (art. 6); the prohibition of torture or cruel,
inhuman or degrading punishment (art. 7); the principle of legality in the field of criminal law
(art. 15) and the recognition of everyone as a person before the law (art. 16). In addition, other
non-derogable elements of the Covenant, as defined by the Human Rights Committee, include
the right of all persons deprived of their liberty to be treated with humanity and with respect for
the inherent dignity of the human person; the prohibition against taking hostages, abductions or
unacknowledged detention; certain elements of the rights of minorities to protection; the
prohibition of deportation or forcible transfer of population; and the prohibition of propaganda
for war and of advocacy of national, racial or religious hatred that would constitute incitement to
discrimination, hostility or violence.42 The obligation to provide effective remedies for any
violation of the provisions of article 2, paragraph 3, of the Covenant must be always complied
with43 the protection of those rights recognized as non-derogable also requires certain procedural
safeguards, including judicial guarantees. Measures derogating from the Covenant must not
involve discrimination on the ground of race, colour, sex, language, religion or social origin.
72.
In addition, the rights reflected in the International Covenant on Economic, Social and
Cultural Rights may, in times of armed conflict where resources are constrained, be limited in
accordance with articles 4 and 5. However, the primary purpose of article 4 is to protect the
rights of individuals rather than to permit the imposition of limitations by States.44 Any
restrictions must therefore be proportional, in accordance with the law, including international
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