specially relevant for the purposes of the interpretation of Covenant rights, both spheres of law are complementary, not mutually exclusive. The International Court of Justice has also affirmed the applicability of the Covenant during armed conflicts, stating that “the right not arbitrarily to be deprived of one’s life applies also in hostilities. The test of what is an arbitrary deprivation of life, however, then falls to be determined by the applicable lex specialis, namely, the law applicable in armed conflict.”20 In its advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the Court further posited the applicability of human rights law in times of armed conflict, stating “the protection offered by human rights conventions does not cease in case of armed conflict, save through the effect of provisions for derogation of the kind to be found in article 4 of the [International Covenant on Civil and Political Rights].”21 Most recently, the Court applied both human rights law and international humanitarian law to the armed conflict between the Democratic Republic of the Congo and Uganda.22 Acts of terrorism which are committed outside of armed conflict generally constitute crimes under domestic and, depending on the circumstances, international criminal law and thus should be regulated through the enforcement of domestic and international criminal law. 2.  Terrorism and international criminal law Over the course of four decades, the international community, under the auspices of the United Nations, has developed 13 conventions relating to the prevention and suppression of terrorism. These so-called sectoral instruments, which address issues ranging from the unlawful seizure of aircraft and the taking of hostages to the suppression of terrorist bombings, contribute to the global legal regime against terrorism and provide a framework for international cooperation. They require States to take specific measures to prevent the commission of terrorist acts and prohibit terrorist-related offences, including by obliging States parties to criminalize specific conduct, establish certain jurisdictional criteria (including the well-known principle of aut dedere aut judicare or “extradite or prosecute”), and provide a legal basis for cooperation on extradition and legal assistance. Most of these treaties relating to specific aspects of terrorism define specified acts as offences and require States to criminalize them. They cover offences linked to the financing of terrorism, offences based on the victim’s status (such as hostage-taking and crimes against internationally 13

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