Recommendation 31

In respect of the majority of ECHR rights potentially engaged in a conflict situation, no derogation of Convention rights is possible. It is, however, possible, where required by the strict exigencies of the situation, to derogate from certain requirements of Article 5 in relation to detention and Article 8 (right to respect for private and family life). Any such derogations would only be possible where they are necessary due to the strict exigencies of the situation, and adequate safeguards should be in place. Importantly other international human rights and international humanitarian law would still apply to protect detainees, civilians and those hors de combat.