A/HRC/14/40 issues may be exclusively matters of international humanitarian law; others may be exclusively matters of human rights law; yet others may be matters of both these branches of international law. In order to answer the question put to it, the Court will have to take into consideration both these branches of international law, namely human rights law and, as lex specialis, international humanitarian law. This passage was reiterated in the Congo v. Uganda case, in which the Court found that both massive human rights violations and grave breaches of international humanitarian law had been committed by Ugandan military forces on the territory of the Democratic Republic of the Congo. 42. Moreover, experts indicated that in the Wall advisory opinion, the Court reaffirmed the application in time of armed conflict not only of the International Covenant on Civil and Political Rights, but also of all human rights instruments, including the Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. This insistence on the indivisibility of human rights was further confirmed by the Court in the DRC v. Uganda case, which included in the list of applicable law, also the African Charter on Human and Peoples’ Rights. 43. The Court has further pronounced on the extraterritorial nature of international human rights instruments. In the Georgia v. Russia case the Court observed in its decision on the request to issue provisional measures that there is no restriction of a general nature in Convention on the Elimination of All Forms of Racial Discrimination relating to its territorial application. 44. In the Bosnia v. Serbia case the Court underlined that the obligation of each State to prevent and to punish the crime of genocide under article 1 of the Genocide Convention is not territorially limited. In the Wall advisory opinion it also concluded that the major human rights instruments are applicable in respect of acts done by a State in the exercise of its jurisdiction outside its own territory, particularly in occupied territories. 45. Finally, in relation to the obligation to pay reparations for international human rights and international humanitarian law violations, experts noted that in the Wall advisory opinion the Court declared that in the event of the impossibility of restitution, Israel was under an obligation to make reparation to all natural or legal persons who have suffered any form of material damage as a result of the wall’s construction in the Occupied Palestinian Territory. This was a landmark decision for the Court in acknowledging the duty of a State to make such reparations to individuals, as opposed to the traditional right of diplomatic protection where the State had a right of reparation for breach of its own interests. 46. In relation to the experience of international criminal tribunals, experts referred to the important contribution of the International Criminal Tribunal for the Former Yugoslavia with regard to the application of human rights standards to situations of armed conflict. It was indicated, for example, that the International Criminal Tribunal has, inter alia, developed a strong practice concerning the application of notions of fair trial and due process in its own case-law, thus strengthening the Tribunal’s position as one of the leading bodies for trying individuals for international crimes. 47. Experts noted that international human rights law, international humanitarian law and international criminal have evolved rapidly over the last few years and that crossfertilization between the different legal regimes has strengthened the interaction and the complementarity between the three bodies of law. Moreover, the increased attention on accountability for human rights and international humanitarian law violations at the national and the international level has created a wealth of case-law in which elements of the three regimes can be identified. This has been the case not only for international tribunals, but also for United Nations agencies, such as OHCHR, and United Nations organs, including the Security Council and the Human Rights Council. 11

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