A/HRC/16/47 48. Paragraph 4 of article 75 of Protocol I reproduces most of the fair trial guarantees provided for in international human rights instruments (International Covenant on Civil and Political Rights art. 14; European Convention on Human Rights, arts. 5-6; American Convention on Human Rights, art. 8). Indeed, as is noted in the ICRC commentaries, in each of these treaties there is a clause permitting derogations from the articles in question in time of war.18 However, article 75 is not subject to any possibility of derogation or suspension and consequently it is these provisions which will play a decisive role in the case of armed conflict. Besides, the provisions in all these instruments are more or less equivalent.19 49. Similarly, it is emphasised in the preamble to Additional Protocol II that “international instruments relating to human rights offer a basic protection to the human person.” In this regard, the ICRC notes that this provision establishes the link between Protocol II and the international instruments on human rights.20 50. The International Conference on Human Rights of 196821 established the relationship between human rights and international humanitarian law. By adopting a resolution on human rights in armed conflicts, which encouraged the development of new rules, the Conference qualified humanitarian law as an extension of human rights and included it amongst the matters of concern to the United Nations.22 The ICRC noted in this regard that since then, the rules of international law on human rights, and in particular the International Covenant on Civil and Political Rights, would be used as a point of reference to bring into focus the fundamental guarantees given in Protocol II for the way in which human beings should be treated.23 . 51. In sum, there could be situations of armed conflict where State institutions, including the judicial system, become dysfunctional. However, in general, the norms of the international human rights law protecting individuals against arbitrary detention shall be complied with by the Governments in situations of armed conflict. It is therefore appropriate to have the alleged violations of these human rights norms considered by the Working Group on Arbitrary Detention. B. Secret detention 52. The joint study on global practices in relation to secret detention in the context of countering terrorism (see para. 5 above), was prepared with the full participation of all four experts on equal terms. They adopted all parts of the report jointly by consensus. 53. In conducting the study, the experts worked in an open, transparent and consultative manner with inputs from all relevant stakeholders, including the replies to a questionnaire sent to all Member States of the United Nations. Several consultations were held with States, and the experts shared their findings and relevant excerpts of States concerned before finalizing the study. In addition to United Nations sources and responses to the questionnaire from 44 States, primary sources included interviews conducted with persons 18 19 20 21 22 23 Ibid., para. 3092. Ibid. Ibid., para. 4427. The first International Conference on Human Rights was held in Teheran from 22 April to 13 May 1968 to review the progress made in the 20 years since the adoption of the Universal Declaration of Human Rights and formulate an agenda for the future. ICRC Commentary on Protocol II, para. 4371. Ibid. 17