A-HRC-13-42

A/HRC/13/42
page 26
Court further developed its view in its advisory opinion on the Legal Consequences of the
Construction of a Wall in the Occupied Palestinian Territories:
The protection offered by human rights conventions does not cease in case of armed
conflict, save through the effect of provisions for derogation of the kind to be found in
article 4 of the [International Covenant on Civil and Political Rights]. As regards the
relationship between international humanitarian law and human rights law, there are thus
three possible situations: some rights may be exclusively matters of international
humanitarian law; others may be exclusively matters of human rights law; yet others may
be matters of both these branches of international law. 56
53. In its judgement in the Case concerning Armed Activities on the Territory of the Congo
(Democratic Republic of the Congo v. Uganda), the Court already applied international
humanitarian law and international human rights law in parallel, without as a first step
identifying the lex specialis or the exclusive matter. 57 In their report on the mission to Lebanon
and Israel from 7 to 14 September 2006, the Special Rapporteur on extrajudicial, summary or
arbitrary executions, the Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, the Representative of the
Secretary-General on the human rights of internally displaced persons and the Special
Rapporteur on adequate housing as a component of the right to an adequate standard of living
stated that human rights law and international humanitarian law were not mutually exclusive, but
existed in a complementary relationship during armed conflict; a full legal analysis required
consideration of both bodies of law. In respect of certain human rights, more specific rules of
international humanitarian law might be relevant for the purposes of their interpretation. 58 A
complementary approach forming the basis of the present study is also supported by the principle
of systemic integration contained in article 31, paragraph 3 (c), of the Vienna Convention on the
Law of Treaties, which provides that, in interpreting an international treaty there shall be taken
into account, together with the context … any relevant rules of international law applicable in the
relations between the parties [of the treaty].” 59
stated that in the case of a conflict between the provisions of the two legal regimes [international
humanitarian law and international human rights law] with regard to a specific situation, the lex
specialis will have to be identified and applied.
56 I.C.J. Reports 2004 (9 July 2004), para. 106.
57 I.C.J. Reports 2005, p.168, para. 216 et seq.
58 A/HRC/2/7, para. 16.
59 Report of the study group of the International Law Commission entitled “Fragmentation of
international law: difficulties arising from the diversification and expansion of international law”
(A/CN.4/L.682/Add.1), para. 17 et seq.