I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT:
LEGAL SOURCES, PRINCIPLES AND ACTORS
in armed conflict and extend responsibility for violations to the direct
participants and to their civilian leadership, where relevant. International
humanitarian law further imposes on States the obligations to respect its
rules and to protect civilians and other protected persons and property.
These legal obligations do not cease to exist when the State delegates
governmental functions to individuals, groups or companies. The State is,
thus, responsible for ensuring that delegated activities are carried out in
full conformity with its international obligations, particularly human rights
obligations.
Finally, as the primary subject of international law, the State’s obligations
under international human rights and humanitarian law include the
duties to investigate alleged violations of international human rights and
humanitarian law, and to prosecute and punish those responsible.
2. Non-State actors
While international law in general has developed in order to regulate
mainly the conduct of States in their international relations, international
human rights law and international humanitarian law have developed
specific particularities aimed at imposing certain types of obligations on
others, including individuals and non-State actors. For example, recent
developments in international criminal law recognize that individuals may
be responsible at the international level for gross human rights violations
and serious violations of international humanitarian law which amount to
crimes against humanity, war crimes and genocide.
Similarly, it is generally accepted that international humanitarian law
related to non-international armed conflicts, in particular the provisions
contained in common article 3 of the Geneva Conventions and, when
applicable, Protocol II, applies to parties to such a conflict, whether State
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