HASSAN v. THE UNITED KINGDOM – JUDGMENT 43 and there could be no implied displacement of Convention rights. It was important to remember the historical context in which the Convention was drafted, namely the aftermath of a global conflict. With the memory of war still fresh, the drafters addressed their minds to the question whether the fundamental rights the Convention recognised should apply differently in wartime and decided that they should only (i) insofar as necessary to deal with the exigencies of a war or public emergency, (ii) provided the State’s other obligations under international law were respected and (iii) provided the State derogated formally and openly. The result was Article 15. If the drafters had intended to create a regime under which human rights would automatically be displaced or re-written in times of international conflict, they would have done so. 82. The applicant did not accept that there was any evidence of State practice by High Contracting Parties to the effect that the Convention need not be complied with in detaining actual or suspected combatants in the course of international armed conflict. Even if there were, there was no evidence of accompanying opinio juris. Moreover, even if there were both, the function of the Court under Article 19 was to ensure the observance of the Convention, not to apply it only where States were in the habit of applying it. Nor did the Court’s case-law, for example Varnava and Others v. Turkey [GC], nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90, § 185, ECHR 2009, assist the Government’s case. In Varnava the Court held that the relevant rules of international humanitarian law expanded the obligations on States under Article 2; it did not support the proposition that fundamental rights were automatically curtailed in wartime. Inherent in the concept of “interpreting a provision in so far as possible in the light of general principles of international law” was recognition that there was a range of possible meanings and that some proposed interpretations would fall outside that range. The Government’s “displacement” argument was essentially that Convention rights must be read as if they contained a wide “wartime” exception which they did not actually contain. Such an approach was not supported by Varnava. Finally, the applicant submitted that the Government’s reliance on the International Court of Justice’s advisory opinion on The Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory was hard to understand, since in that opinion the International Court of Justice expressly found that derogation was the only means of displacing a provision of international human rights law (see paragraph 36 above). 83. The Court had often applied the Convention in situations of armed conflict and recognised that in principle it was not displaced (the applicant referred to the following cases: Ahmet Özkan and Others v. Turkey, no. 21689/93, §§ 85 and 319, 6 April 2004; Varnava and Others v. Turkey [GC], nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90,