A/HRC/3/2 page 25 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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