A/HRC/43/51 law enforcement or security operations.15 They are directly responsible for the actions of affiliated armed groups or militias, and remain so in case of de facto devolution of authority, especially legislative or jurisdictional authority, to a non-State actor. 16 Their responsibility extends to all defenders under their jurisdiction or effective control, including outside their territory, when acting as an occupying power; 17 providing decisive support to belligerents; 18 having decisive influence over de facto authorities in control; 19 or when acting within or on the basis of the mandate of an international or intergovernmental organization or coalition, for example as part of an international peacekeeping force. 20 If losing control of part of their territory, they must seek to re-establish jurisdiction.21 B. Key legal protections 15. In conflict and post-conflict areas, defenders who by definition operate through peaceful means must at all times benefit from the core protections attached to their right to life, as well as to complementary protections, including against gender-based violence, covered by core United Nations and regional human rights instruments. These protections also relate to, inter alia, the right to liberty and security of person, the prohibition of torture and enforced disappearance and the rights to privacy, family life and housing. In armed conflict, including occupation, defenders should also enjoy protection as civilians and, notably, as women and children. 22 Any intentional attacks against them in this context would constitute a war crime. 23 Specific protections, of a customary nature, exist for certain categories of defenders such as journalists, humanitarian relief workers and medical and religious personnel,24 or can be found in specific instruments. 25 Other defenders, such as teachers and educational personnel, should enjoy equal protection as civilians. While debates continue to be held on potential normative gaps, the priority lies with the effective endorsement of, compliance with and enforcement of these existing protections. 16. The Special Rapporteur draws attention to the core protections also due to defenders against deprivation of due process and fair trial guarantees and the right to a remedy, which feature non-derogable elements. 26 These protections should invalidate exceptional legislation that makes possible arrest and prolonged detention without access to a lawyer or judicial review, or that provides statutory immunity for security forces engaged in law enforcement or counter-terrorism operations. In contexts of armed conflict, and notably occupation, defenders are to be specifically protected against forcible transfer, deportation to the territory of another State and retroactive use of legislation. 27 In more general terms, the enduring subjection of defenders operating in certain parts of the national territory or in occupied territories to exceptional legal regimes – notably to military legislation and jurisdiction – arguably is incompatible with the fundamental principles of equality and nondiscrimination. 15 16 17 18 19 20 21 22 23 24 25 26 27 6 Ibid., para. 13. CCPR/C/DZA/CO/4, para. 9; S/2018/889, para. 67. OHCHR, “Report on the human rights situation in Ukraine, 16 May to 15 August 2019”, para. 133. A/HRC/42/17, para. 11. CCPR/CO/RUS/7, para. 6. Committee on the Elimination of Discrimination against Women, general recommendation No. 30, para. 9. Human Rights Committee, general comment No. 26 (1997) on the continuity of obligations, para. 4; CCPR/C/MDA/CO/2; CCPR/C/GEO/CO/3. https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul, rules 134–135. Rome Statute of the International Criminal Court, art. 8; First Geneva Convention, art. 50; Second Geneva Convention, art. 51; Third Geneva Convention, art. 130; Fourth Geneva Convention, art. 147; Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts, art. 85. https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul, rules 25, 27–32 and 34. Convention on the Safety of United Nations and Associated Personnel and its Optional Protocol. International Covenant on Civil and Political Rights, arts. 14 and 26; Human Rights Committee, general comments No. 29, paras. 7–8, and No. 36. Rome Statute of the International Criminal Court, art. 7 (1) (d); Fourth Geneva Convention, art. 65.