A/HRC/34/64 21. Attacks on places where both civilians and fighters may be found are prohibited if they are not directed at a specific military objective, or if they use methods or means of combat which cannot be directed at a specific military objective. 22 It is prohibited to launch an attack which may be expected to cause incidental loss of civilian life, injury to civilians, and/or damage to civilian objects which would be excessive in relation to the anticipated concrete and direct military advantage. 23 22. Customary IHL establishes that all “parties to the conflict must take all feasible precautions to protect the civilian population and civilian objects under their control against the effects of attacks.”24 Each party to the conflict must, to the extent feasible, avoid locating military objectives within or near densely populated areas.25 Each party to the conflict must, to the extent feasible, remove civilian persons and objects under its control from the vicinity of military objectives.26 23. Customary IHL also incorporates specific protections for places of worship, including mosques. It is prohibited to commit an act of hostility directed against places of worship which constitute the cultural or spiritual heritage of peoples.27 Arbitrary arrest and unlawful detention 24. Article 9 of the ICCPR prohibits arbitrary arrest or detention of individuals, providing that that “no one shall be deprived of liberty except on such grounds in accordance with such procedures as are established by law.” Persons arrested are to be informed at the time of arrest of the reasons for the arrest and promptly informed of any charges.28 Anyone arrested or detained on a criminal charge is to be brought promptly before a judge or other officer authorised by law to exercise judicial power and is entitled to trial within a reasonable period or release.29 Persons have a right to take proceedings before a court for the purposes of reviewing the lawfulness of detention and to be released if the detention is unlawful.30 The term “arbitrary” must be considered in terms of appropriateness, proportionality, and reasonableness. 31 Lawfulness of detention is to be considered as both lawfulness under domestic law and lawfulness under international law. 32 25. The Commission notes the conditions of detention provided for in the Syrian Arab Republic’s domestic law. Article 4 of the State of Emergency Act authorises the Military Governor to impose, through oral or written orders, “restrictions on the rights of people to the freedom of assembly, residence, transport, and movement, and to arrest suspected people or those threatening public security on a temporary basis, and to authorize 22 23 24 25 26 27 28 29 30 31 32 28 ICRC Rule 12. Ibid. at Rule 14. Ibid. at Rule 22. Ibid. at Rule 23. Ibid. at Rule 24. Ibid. at Rule 38. ICCPR, art. 9(2). Ibid., art. 9(3). The ICCPR also provides for a right of compensation for unlawful arrest or detention. A v Australia, Human Rights Committee, Communication No. 560/1993, CCPR/C/59/D/560/1993, para. 9.2. In considering unlawful remand, the Committee has also highlighted that factors of inappropriateness, injustice and lack of predictability that may render arbitrary an otherwise lawful detention; see Van Alphen v The Netherlands, Human Rights Committee, Communication No.305/1988, CCPR/C/39/D/305/1988. See, e.g., A v Australia, Human Rights Committee, Communication No. 560/1993, CCPR/C/59/D/560/1993, at para.9.5.