I.  INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT: LEGAL SOURCES, PRINCIPLES AND ACTORS In addition, the protection of protected civilians on a belligerent’s own territory is more limited than in an occupied territory. International human rights law does not foresee fundamentally different rights for each category of person. It rather adapts everyone’s rights to the particular needs of those categories, i.e., children, women, persons with disabilities, migrants, indigenous peoples, human rights defenders, etc.   C. DUTY BEARERS IN INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW International human rights law and international humanitarian law have different rules regarding the type of actors that bear responsibilities and can be bound by the law. They also contain specific provisions for the protection of persons and of specific groups of persons who are considered to be more exposed to the risk of violations, particularly in an armed conflict. Despite their differences, both bodies of law are increasingly understood as imposing obligations on both State and non-State actors, albeit in different conditions and to differing degrees. Legal rules are addressed to the subjects of those rules.20 In general, a distinction is made between duty bearers and rights holders. Duty bearers have obligations, which can be positive—an obligation to do something— or negative—an obligation to refrain from doing something. In international human rights and humanitarian law, duty bearers are bound to respect a series of positive and negative obligations. These obligations may differ, depending on whether international law recognizes a particular actor as a primary subject of international law (i.e., States and international organizations) or as a secondary subject (i.e., non-State actors). The next    Ian Brownlie, for instance, explains that “a subject of the law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims”. Ian Brownlie, Principles of Public International Law, 6th ed. (Oxford, Oxford University Press, 2003), p. 57. See also Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, I.C.J. Reports 1949, p. 174. 20 21

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