II. REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF
INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT
in the territory of that State. This could be the case of a person detained
by agents of a State outside its territory. This could also, under certain
circumstances, cover cases of violations committed against persons who
are temporarily placed under the control of the State, for example, when
it carries out military incursions in another State.
In conclusion, it is uncontroversial that everyone, everywhere in the world,
benefits from human rights. It is, therefore, logical to assert that States
should be bound to comply with their obligations in respect of all persons
under their jurisdiction, irrespective of whether they are in their territory.
2. Obligations under international humanitarian law beyond the vicinity
of an armed conflict
Concerning the territorial scope of international humanitarian law, the
International Criminal Tribunal for the former Yugoslavia has provided
criteria leading to the determination that obligations of international
humanitarian law apply not only to the region where hostilities are taking
place, but to the entire territory of the parties to the conflict.
Its Appeals Chamber has held that the provisions of the Geneva Conventions
“suggest that at least some of the provisions of the Conventions apply to
the entire territory of the parties to the conflict, not just to the vicinity of
actual hostilities.” It has recognized that certain obligations of international
humanitarian law have a particular territorial scope and their geographical
application may, therefore, be limited. However, it has noted that other
obligations, “particularly those relating to the protection of prisoners of
war and civilians, are not so limited. […] Geneva Convention IV protects
civilians anywhere in the territory of the Parties. […] In addition to these
textual references, the very nature of the Conventions—particularly
Conventions III and IV—dictates their application throughout the territories
of the parties to the conflict”. Regarding non-international armed conflicts,
it noted that until a peace settlement is achieved, international humanitarian
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