A/HRC/2/7
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16.
Human rights law and international humanitarian law are not mutually exclusive but exist
in a complementary relationship during armed conflict, and a full legal analysis requires
consideration of both bodies of law.15 In respect of certain human rights, more specific rules of
international humanitarian law may be relevant for the purposes of their interpretation.16
17.
The international human rights regime, consisting of the full range of economic, social
and cultural rights (such as those pertaining to the highest attainable standard of physical and
mental health and adequate housing), as well as civil and political rights, thus applies to the
analysis of this conflict.
18.
As regards the territorial scope of application, ICCPR article 2 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. The International Court of Justice concluded that ICCPR “is
applicable in respect of acts done by a State in the exercise of its jurisdiction outside its own
territory”.17 ICESCR and the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) contain no provision limiting their application to the territory of
States parties. Articles 2 (1) and 16 (1) of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) refer to each State party’s obligation to
prevent acts of torture “in any territory under its jurisdiction”.
19.
Although Hezbollah, a non-State actor, cannot become a party to these human rights
treaties, it remains subject to the demand of the international community, first expressed in the
Universal Declaration of Human Rights, that every organ of society respect and promote human
rights. The Security Council has long called upon various groups which Member States do not
recognize as having the capacity to do so to formally assume international obligations to respect
human rights.18 It is especially appropriate and feasible to call for an armed group to respect
human rights norms when it “exercises significant control over territory and population and has
an identifiable political structure”.19
20.
This report focuses not only on violations of the right to life and related civil and political
rights, but also specifically on the rights to health and housing20 and the plight of IDPs.
21.
As citizens of their respective countries, IDPs are entitled to enjoy the protection of all
guarantees of international human rights and humanitarian law subscribed to by the State
concerned or applicable on the basis of customary international law. At the same time, they have
specific needs distinct from those of the non-displaced population which must be addressed by
specific protection and assistance measures. These rights are reflected and detailed in the
Guiding Principles on Internal Displacement.21
B. International humanitarian law
22.
Both Israel and Lebanon are parties to the Geneva Conventions of 12 August 1949.
Lebanon is a party to Additional Protocols I and II to the Geneva Conventions. All of the parties
to the conflict are also subject to customary international humanitarian law.22
23.
The mission was informed by representatives of IDF that decisions were taken on the
basis of the law on international armed conflicts, in particular the Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August 1949 (Fourth Geneva
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