I.  INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT: LEGAL SOURCES, PRINCIPLES AND ACTORS In international humanitarian law, the wounded and the sick must be collected and cared for, prisoners must be fed and sheltered, and an occupying Power must to the fullest extent of the means available to it ensure food and medical supplies, public health and hygiene in a territory it occupies. The Committee on Economic, Social and Cultural Rights, referring to the right to food, has demonstrated how these three principles apply in practice. It has stated that “the right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must proactively engage in activities intended to strengthen people’s access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly.”18 An example of the interaction of the three modes of protection in international humanitarian law is provided by the obligations of belligerents towards the education system of the adverse party. Schools may not be attacked; they are presumed not to make an effective contribution to military action. Once under the control of the enemy, in an occupied territory, their proper working must be facilitated by the occupying Power and, in the last resort, should local institutions be inadequate, the occupying Power must make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are   General comment No. 12 (1999) on the right to adequate food, para. 15. 18 19

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