A/HRC/12/48 page 78 295. It is now widely accepted that human rights treaties continue to apply in situations of armed conflict. In its Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the International Court of Justice considered that “the protection offered by human rights conventions does not cease in case of armed conflict, save through the effect of provisions for derogation….”174 296. In its Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, the International Court of Justice held that, in the context of armed conflict, IHL is lex specialis in relation to human rights. It is today commonly understood that human rights law would continue to apply as long as it is not modified or set aside by IHL. In any case, the general rule of human rights law does not lose its effectiveness and will remain in the background to inform the application and interpretation of the relevant humanitarian law rule. For instance, the preamble to Additional Protocol II to the Geneva Conventions recalls the protection of international human rights for the human person, supporting the view that IHL and IHRL are operative in situations of conflict. 297. The human rights treaties ratified by Israel are also binding in relation to Israeli conduct in the Occupied Palestinian Territory. Article 2 of ICCPR obliges each State party to respect and to ensure to all individuals “within its territory and subject to its jurisdiction” the rights recognized within it. In the words of the Human Rights Committee, “a State party must respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State party, even if not situated within the territory of the State party”.175 298. The International Court of Justice has also held that ICCPR applies “in respect of acts done by a State in the exercise of its jurisdiction outside its own territory”.176 Accordingly, the Human Rights Committee has considered that ICCPR also applies to the benefit of people within the Occupied Palestinian Territory.177 The Committees established to monitor compliance with the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination against Women by their States parties have equally determined that Israel’s human rights obligations extend to the population of the Occupied Palestinian Territory.178 299. The Mission also notes that Israel has not derogated from its obligations under article 4 of ICCPR. Israel’s declaration made upon ratification of the Covenant only concerns derogations to article 9 of ICCPR, regarding deprivation of liberty. The state of emergency in Israel has been in force ever since it was proclaimed in 1948. ICESCR does not explicitly allow for derogations in time of public emergency or war. Legal Consequences…, para. 106; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996, I.C.J. Reports 1996, p. 226, para. 25. 174 175 General comment No. 31 (2004), para. 10. 176 Legal Consequences…, para. 111; see also Case concerning Armed Activities…, para. 216. 177 “Concluding observations of the Human Rights Committee” (CCPR/CO/78/ISR). See, for instance, “Concluding observations of the Committee on Economic, Social and Cultural Rights” (E/C.12/1/Add.90). 178