II.  REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT of the Congo and Uganda, the International Court of Justice indicated that the Convention and the Optional Protocol were applicable in the context of the conflict between them.82 Similarly, the Convention on the Rights of Persons with Disabilities provides that States parties “shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters” (art. 11);  Protocol I to the Geneva Conventions states that “no provision of this article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1” (art. 75.8);  The International Court of Justice has noted that there are three possible situations when it comes to the relationship between international humanitarian law and international human rights law: “some rights may be exclusively matters of international humanitarian law; others may be exclusively matters of human rights law;  yet others may be matters of both these branches of international law”;83  The International Committee of the Red Cross has identified certain “fundamental guarantees” and noted that human rights law instruments, documents and case law support, strengthen and clarify analogous principles of international humanitarian law.84 In practice, due to the similar protections offered by both international human rights law and international humanitarian law, their concurrent application in armed conflicts does not, in general, raise substantive problems. When persons find themselves in the power of the enemy in   Armed Activities on the Territory of the Congo, para. 217.   Legal Consequences of the Construction of a Wall, para. 106. The Court maintained the same approach in Armed Activities on the Territory of the Congo, para. 216. 84   Customary International Humanitarian Law, Part V, chap. 32. 82 83 57

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