46
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
law continues to apply to the whole territory under the control of a party,
whether or not actual combat takes place there.51
The Tribunal later confirmed this interpretation. Its Trial Chamber held that
if the conflict in Bosnia and Herzegovina was considered international
“the relevant norms of international humanitarian law apply throughout
its territory until the general cessation of hostilities, unless it can be shown
that the conflicts in some areas were separate internal conflicts, unrelated
to the larger international armed conflict.” If the conflict was considered
internal then “the provisions of international humanitarian law applicable
in such internal conflicts apply throughout those areas controlled by the
parties to the conflict, until a peaceful settlement is reached.”52
C. LIMITATIONS ON THE APPLICATION OF INTERNATIONAL HUMAN
RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW PROTECTIONS
As a general principle, the legal applicability of international human rights
protections is not affected by conflicts. However, international human rights
law is characterized by an exceptional regime, by which under certain
strict conditions States may limit their fulfilment or their protection of certain
rights. These conditions frequently take place in armed conflict, even if they
are not limited to such situations. Specifically, under international human
rights law it is possible for States to derogate from certain human rights
obligations and to impose limitations on the exercise of certain rights. To a
lesser extent, derogations from rules protecting civilians are admissible in
some circumstances in international humanitarian law, and several of its
rules allow exceptions for reasons of military necessity or security.
States may also register reservations on the extent to which some provisions
of a particular international humanitarian law or human rights instrument
are applicable. Significant conditions apply to States that wish to use any
Prosecutor v. Duško Tadic´, paras. 68 and 70.
Prosecutor v. Zejnil Delalic´ et al., case No. IT-96-21-T, Judgement of 16 November 1998,
para. 209. See also Prosecutor v. Tihomir Blaškic´, case No. IT-95-14-T, Judgement of
3 March 2000, para. 64.
51
52
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