CCPR/C/21/Rev.1/Add.11
page 8
on the Limitation and Derogation Provisions in the International Covenant on Civil and Political
Rights, the final report of Mr. Leandro Despouy, Special Rapporteur of the Sub-Commission, on
human rights and states of emergency (E/CN.4/Sub.2/1997/19 and Add.1), the Guiding
Principles on Internal Displacement (E/CN.4/1998/53/Add.2), the Turku (Ảbo) Declaration of
Minimum Humanitarian Standards (1990), (E/CN.4/1995/116). As a field of ongoing further
work reference is made to the decision of the 26th International Conference of the Red Cross and
Red Crescent (1995) to assign the International Committee of the Red Cross the task of
preparing a report on the customary rules of international humanitarian law applicable in
international and non-international armed conflicts.
7
See articles 6 (genocide) and 7 (crimes against humanity) of the Statute which by 1 July 2001
had been ratified by 35 States. While many of the specific forms of conduct listed in article 7 of
the Statute are directly linked to violations against those human rights that are listed as
non-derogable provisions in article 4, paragraph 2, of the Covenant, the category of crimes
against humanity as defined in that provision covers also violations of some provisions of the
Covenant that have not been mentioned in the said provision of the Covenant. For example,
certain grave violations of article 27 may at the same time constitute genocide under article 6 of
the Rome Statute, and article 7, in turn, covers practices that are related to, besides articles 6, 7
and 8 of the Covenant, also articles 9, 12, 26 and 27.
8
See article 7 (1) (d) and 7 (2) (d) of the Rome Statute.
9
See the Committee’s concluding observations on Israel (1998) (CCPR/C/79/Add.93), para. 21:
“… The Committee considers the present application of administrative detention to be
incompatible with articles 7 and 16 of the Covenant, neither of which allows for derogation in
times of public emergency … . The Committee stresses, however, that a State party may not
depart from the requirement of effective judicial review of detention.” See also the
recommendation by the Committee to the Sub-Commission on Prevention of Discrimination and
Protection of Minorities concerning a draft third optional protocol to the Covenant: “The
Committee is satisfied that States parties generally understand that the right to habeas corpus and
amparo should not be limited in situations of emergency. Furthermore, the Committee is of the
view that the remedies provided in article 9, paragraphs 3 and 4, read in conjunction with
article 2 are inherent to the Covenant as a whole.” Official Records of the General Assembly,
Forty-ninth session, Supplement No. 40 (A/49/40), vol. I, annex XI, para. 2.
10
See comments/concluding observations on Peru (1992) CCPR/C/79/Add.8, para. 10; Ireland
(1993) CCPR/C/79/Add.21, para. 11; Egypt (1993), CCPR/C/79/Add.23, para. 7; Cameroon
(1994) CCPR/C/79/Add.33, para. 7; Russian Federation (1995), CCPR/C/79/Add.54, para. 27;
Zambia (1996), CCPR/C/79/Add.62, para. 11; Lebanon (1997), CCPR/C/79/Add.78, para. 10;
India (1997), CCPR/C/79/Add.81, para. 19; Mexico (1999), CCPR/C/79/Add.109, para. 12.
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