A/HRC/45/CRP.9 32. In situations of armed conflict and occupation, international humanitarian law applies alongside international human rights law. International humanitarian law prohibits the passing of sentences and carrying out executions without previous judgement pronounced by a court affording all the judicial guarantees recognized as indispensable. All parties involved in an armed conflict must ensure that penal prosecutions comply with, at a minimum, the following: the right to an independent and impartial tribunal, the right to information and defence, presumption of innocence, the right of the accused to be present at their own trial, the right not to be compelled to testify against themselves or to confess guilt, right to be informed of judicial remedies and of the time limits in which they may be exercised, and the prohibition of arbitrary deprivation of liberty.29 In situations of occupation, under the international humanitarian law the occupying Power must respect the fair trial rights listed above.30 The penal laws of occupied territory must remain in force, subject to some limited exceptions, and be applied by the tribunals of the occupied territory which should be allowed to continue to function.31 33. The Rome Statute of the International Criminal Court32 also defines as a war crime the passing of sentences and carrying out of executions of persons taking no active part in hostilities without previous judgment pronounced by a court, affording all of the above judicial guarantees.33 29 30 31 32 33 8 international law (jus cogens) bind States, individuals and non-State collective entities, including armed groups. Acts violating jus cogens – for instance, torture or enforced disappearances – can never be justified”. The United Nations Committee on the Elimination of Discrimination Against Women considers that “[…] where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights” (General Recommendation No. 30, 2013). The United Nations Security Council strongly condemned “the continued violations of international humanitarian law and the widespread human rights violations and abuses, perpetrated by armed groups” in the Central African Republic (resolution 2127 (2013), para. 17). In relation to the situation in the Democratic Republic of the Congo, it reminded all parties “[…] that they must abide by international humanitarian standards and ensure respect for human rights in the sectors they control” (statement by the President of the Council, S/PRST/2002/27(2002)), and indicated that “the RCD-GOMA must… ensure an end to all violations of human rights and to impunity in all areas under its control” (statement by the President of the Council, S/PRST/2002/22(2002)). See article 3 common to the four Geneva Conventions of 1949; First Geneva Convention, article 49; Second Geneva Convention, article 50, Third Geneva Convention, articles 102-108; Additional Protocol I, article 75; Additional Protocol II, article 6. See also ICRC Database on Customary International Humanitarian Law Rules 100-102. Fourth Geneva Convention, articles, 5, 71-76 and 126. Penal laws may only be repealed or suspended by the occupying Power if they constitute a threat to its security or an obstacle to the application of the requirements listed under the Fourth Geneva Convention. See Fourth Geneva Convention, article 64. Ukraine is not a State Party to the Statute. However, pursuant to the two article 12(3) declarations lodged by the Government of Ukraine on 17 April 2014 and 8 September 2015 respectively, the Court may exercise jurisdiction over Rome Statute crimes committed on the territory of Ukraine from 21 November 2013 onwards. See para. 259 of the Office of the Prosecutor of the International Criminal Court Report on Preliminary Examination Activities 2019, 5 December 2019, available at www.icccpi.int/itemsDocuments/191205-rep-otp-PE.pdf. Rome Statute of the ICC, articles 8(2)(a)(vi) and 8(2)(c)(iv), available at www.icc-cpi.int/resourcelibrary/documents/rs-eng.pdf , and Elements of Crime, articles 8(2)(a)(iv) and 8(2)(c)(iv), available at www.icc-cpi.int/NR/rdonlyres/336923D8-A6AD-40EC-AD7B45BF9DE73D56/0/ElementsOfCrimesEng.pdf. The Office of the Prosecutor of the International Criminal Court assessed that by 30 April 2014, the intensity of hostilities between government forces and armed groups in eastern Ukraine had reached a level triggering application of the law of armed conflict, and that the armed groups were sufficiently organised to qualify as parties to a noninternational armed conflict. The Office further assessed that direct military engagement between the armed forces of the Russian Federation and Ukraine “indicated the existence of an international armed conflict in eastern Ukraine from 14 July 2014 at the latest, in parallel to the non-international armed conflict”. Report on Preliminary Examination Activities 2019, 5 December 2019, para. 266, available at www.icc-cpi.int/itemsDocuments/191205-rep-otp-PE.pdf. For the purpose of determining whether the otherwise non-international armed conflict involving Ukrainian armed forces and anti-