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11.
As implied in General Comment 291, the Covenant applies also in situations of armed
conflict to which the rules of international humanitarian law are applicable. While, in respect of
certain Covenant rights, more specific rules of international humanitarian law may be specially
relevant for the purposes of the interpretation of Covenant rights, both spheres of law are
complementary, not mutually exclusive.
12.
Moreover, the article 2 obligation requiring that States Parties respect and ensure the
Covenant rights for all persons in their territory and all persons under their control entails an
obligation not to extradite, deport, expel or otherwise remove a person from their territory,
where there are substantial grounds for believing that there is a real risk of irreparable harm,
such as that contemplated by articles 6 and 7 of the Covenant, either in the country to which
removal is to be effected or in any country to which the person may subsequently be removed.
The relevant judicial and administrative authorities should be made aware of the need to ensure
compliance with the Covenant obligations in such matters.
13.
Article 2, paragraph 2, requires that States Parties take the necessary steps to give effect
to the Covenant rights in the domestic order. It follows that, unless Covenant rights are
already protected by their domestic laws or practices, States Parties are required on ratification
to make such changes to domestic laws and practices as are necessary to ensure their conformity
with the Covenant. Where there are inconsistencies between domestic law and the Covenant,
article 2 requires that the domestic law or practice be changed to meet the standards imposed by
the Covenant’s substantive guarantees. Article 2 allows a State Party to pursue this in
accordance with its own domestic constitutional structure and accordingly does not require that
the Covenant be directly applicable in the courts, by incorporation of the Covenant into national
law. The Committee takes the view, however, that Covenant guarantees may receive enhanced
protection in those States where the Covenant is automatically or through specific incorporation
part of the domestic legal order. The Committee invites those States Parties in which the
Covenant does not form part of the domestic legal order to consider incorporation of the
1
General Comment No.29 on States of Emergencies, adopted on 24 July 2001, reproduced in
Annual Report for 2001, A/56/40, Annex VI, paragraph 3.