A/HRC/2/7
page 28
19
Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions submitted
to the Commission on Human Rights at its sixty-first session (E/CN.4/2005/7), para. 76.
Furthermore, the obligations of Lebanon under international human rights law continue to apply
in territories under the control of de facto authorities. Their acts are classified, under the law on
State responsibility, as acts of the State to the extent that such authorities are in fact exercising
elements of governmental authority in the absence or default of the official authorities, and in
circumstances which call for the exercise of such authority (see article 9, Draft Articles on
Responsibility of States for Internationally Wrongful Acts, adopted by the International Law
Commission at its fifty-third session (2001), in Official Records of the General Assembly,
Fifty-sixth session, Supplement No. 10 (A/56/10), chap. IV.E.1.)
20
For a summary of the sources and scope of the right to adequate housing, see the reports of
the Special Rapporteur, Miloon Kothari, submitted to the Commission on Human Rights at its
fifty-seventh (E/CN.4/2001/51, paras. 13-22) and fifty-ninth (E/CN.4/2003/55, paras. 10-19)
sessions. For a summary of the sources and scope of the right to the highest attainable standard
of health, see the report of the Special Rapporteur, Paul Hunt, to the Commission at its
fifty-ninth session (E/CN.4/2003/58, para. 10-36 and annexes I and II). In the present report “the
right to health” and “the right to the highest attainable standard of health” are used as shorthand
for the full formulation of the right. As set out in the reports of both Special Rapporteurs, the
right to adequate housing and the right to health are closely related to the enjoyment of a number
of other human rights and fundamental freedoms contained in the major international human
rights treaties.
21
E/CN.4/1998/53/Add.2. The Guiding Principles are recognized by States as “an important
international framework for the protection of internally displaced persons” (General Assembly
resolution A/60/1, para. 132).
22
International Committee of the Red Cross, Customary International Humanitarian Law,
Jean-Marie Henckaerts and Louise Doswald-Beck (eds.), Cambridge University Press, 2005
(hereafter “ICRC Study”). This study was prepared upon recommendation of the twenty-sixth
International Conference of the Red Cross and Red Crescent (December 1995) and is based on
an extensive analysis of State practice (e.g. military manuals) and documents expressing opinio
iuris. The application of these customary standards to the present conflict has been the subject of
extensive analysis by civil society groups. See for example Human Rights Watch, Fatal Strikes:
Israel’s Indiscriminate Attacks Against Civilians in Lebanon (August 2006); Human Rights
Watch, Hezbollah Must End Attacks on Civilians (August 2006); Amnesty International,
Deliberate destruction or “collateral damage”? Israeli attacks on civilian infrastructure
(August 2006); and Amnesty International, Under fire: Hizbullah’s attacks on northern Israel
(September 2006).
23
Ibid., pp. 3-8 (Rule 1), 25-36 (Rules 7-10).
24
Ibid., pp. 25-32 (Rules 7-8).
25
Ibid., pp. 19-24 (Rule 6).
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