CDL-AD(2006)009 - 20 - However, as the Commission has previously pointed out50, human rights law’s non-derogable rules and those rules which have not been derogated from in accordance with the derogation mechanism provided for under the relevant treaty instrument are also applicable in situations of armed conflict. 82. Under the 1949 Geneva Conventions, persons who are arrested by a power in the course of an international armed conflict are protected either as prisoners of war (hereinafter “POW”) (Article 4 GCIII) or as other “protected persons” (all persons, in particular civilians, who are not nationals of the detaining Power or are not protected by other Conventions, Article 4 GCIV). The plain wording of Article 4 (1) and (4) GC IV makes it clear that there should be no category of persons that would remain unprotected. As the Commission has pointed out before, even those persons who do not fulfil the nationality requirements of Article 4 GC IV are protected by customary international humanitarian law, as it has been given expression in Article 75 of the First Additional Protocol of 1977 to the Geneva Conventions. 83. Persons who are suspected to be members of an international terrorist network, such as AlQaeda, and who have been arrested in connection with an armed conflict, will fall either into the category of other “protected persons” or into the category of POWs. 84. As far as the Fourth Geneva Convention, the First Additional Protocol and customary international humanitarian law apply, all protected persons, including terrorist suspects, must be treated according to the rules laid down in Articles 27-78 GCIV and the minimum requirements of Article 75 of the First Additional Protocol. This has been confirmed in recent years by national courts.51 85. In the case that suspected members of international terrorist networks qualify as POWs, their transfer would be regulated by the Third Geneva Convention (see in particular Articles 12 and 46-48). D. General principles of civil aviation 86. International air law has a codified framework in the Convention on International Civil Aviation (commonly referred to as the “Chicago Convention”), signed in Chicago on 7 December 1944. 87. The Chicago Convention sets out in Article 1 the principle that every State has complete and exclusive sovereignty over the airspace above its territory, that is to say above the land areas and territorial waters adjacent thereto. 88. Article 4 of the Chicago Convention provides that: “Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention”. 50 Opinion on the possible need for further development of the Geneva Conventions, CDL-AD (2003)018, § 56. 51 See Supreme Court of Israel, HCJ 7015/02, Ajuri v. The Commander of the IDF Forces in the West Bank, in: Judgments of the Supreme Court of Israel – Fighting Terrorism within the Law, http://www.mfa.gov.il/MFA/Government/Law/Legal+Issues+and+Rulings/Fighting+Terrorism+within+the+Law+2 -Jan-2005.htm, at pp. 144-178.