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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
territory and all individuals subject to their jurisdiction. This interpretation
is consistent with the context and with the object and purpose of the treaty.
In certain situations, it would also be possible to have real control over
individuals in a non-stable environment. Control over individuals does
not mean that there is total control over territory. Similarly, control over
territory does not mean total control over individuals. Therefore, the more
effective control a State has over territory or population, the more the
human rights paradigm applies.
3. The interplay concerning the use of force
One field where an apparent contradiction between international
humanitarian law and international human rights law exists is the
admissibility of the use of deadly force against persons. While it is
generally accepted under international humanitarian law that enemy
combatants may be targeted in an international armed conflict until they
surrender or are otherwise hors de combat, regardless of whether they
constitute an immediate threat to human life, international human rights
law limits the admissibility of deadly force to such circumstances. In other
words, the limitation on deadly force depends on the context and not
on the person who uses it. This means, for example, that when military
personnel undertake law enforcement activities, they are bound by rules of
international human rights law concerning the use of deadly force.
(a) International humanitarian law
International humanitarian law does not prohibit the deliberate killing of a
combatant as long as he or she does not surrender or is not otherwise hors
de combat. Conversely, as far as civilians are concerned, international
humanitarian law requires parties to a conflict to refrain from attacking
civilians and obliges them to take constant care to prevent civilians being
incidentally killed in attacks against combatants or military objectives.
A determination of a violation of international humanitarian law often
requires not only recognition of the harm that may have been caused
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