text: Chapter 1
  HUMAN RIGHTS LAW
  1-117. Human rights treaties address primarily the obligations of governments with respect to the rights of
  individuals, including their own nationals, within its territory and subject to its jurisdiction. For example,
  governments must refrain from subjecting individuals to arbitrary detention, to arbitrary deprivation of life,
  or to torture or cruel, inhuman, or degrading treatment or punishment. As a general matter, human rights
  treaties have been described as primarily applicable to the relationship between a State and individuals in
  peacetime. Some human rights treaties provide for derogation from certain provisions in emergency
  situations, as defined within the treaty. Law of war treaties have been described as chiefly concerned with
  the conditions particular to armed conflict and the relationship between a State and nationals of the enemy
  State. Law of war treaties generally do not provide for derogation because necessity is not a basis for
  derogating from law of war rules.
  1-118. LOAC and human rights treaties contain many provisions that complement one another and are in
  many respects mutually reinforcing. In some circumstances, the rules in LOAC and the rules in human rights
  treaties law appear to conflict. Many of these apparent conflicts are resolved by the principle that LOAC is
  lex specialis during situations of armed conflict and, as such, is the controlling body of law with regard to
  the conduct of hostilities and the protection of war victims. For example, the right to challenge the lawfulness
  of an arrest before a court provided in the International Covenant on Civil and Political Rights (ICCPR) in
  Article 9 would appear to conflict with the generally recognized authority under LOAC to detain certain
  persons without judicial process or criminal charge. However, the United States has understood Article 9 of
  the ICCPR not to affect a State’s authority to detain combatants until the end of hostilities as permitted by
  the GPW.
  1-119. A situation of armed conflict does not automatically suspend nor does LOAC automatically displace
  the application of all international human rights obligations. For example, although the UN Convention
  Against Torture was not intended to supersede the prohibitions against torture already contained in customary
  international law and LOAC remains the controlling body of law in armed conflict, a time of war, however,
  does not suspend the operation of the Convention Against Torture. Furthermore, during armed conflict,
  human rights treaties would clearly be controlling with respect to matters that are within their scope of
  application that are not addressed by LOAC. For example, a time of war does not suspend the operation of
  the ICCPR with respect to matters within its scope of application. Participation in armed conflict generally
  would not excuse a State Party to the ICCPR from respecting and ensuring the right and opportunity of every
  citizen to vote and to be elected at genuine periodic elections, except when derogated in times of public
  emergency that threatens the life of the nation and the existence of which is officially proclaimed (see ICCPR
  art. 4). Finally, in conducting operations with coalition partners, it may be important to consider that some
  States may have different perspectives on the applicability of obligations under human rights treaties to
  particular situations. Such differences may result from different legal interpretations or from the fact that the
  other State is a Party to different human rights treaties than the United States. For example, the European
  Court of Human Rights – as well as some European States – have construed certain obligations under the
  European Convention on Human Rights (ECHR) as applicable to their military forces abroad during
  occupation.
  TRAINING THE LAW OF ARMED CONFLICT
  1-120. The Geneva Conventions require State Parties “to respect and to ensure respect” for the Conventions
  (Common Article 1 to GWS, GWS Sea, GPW and GC). The Geneva Conventions also require dissemination,
  training, and study of the Conventions by the military forces and the civilian population (GWS art. 47; GWS
  Sea art. 48; GPW art. 127; GC art. 144). Military or civilian personnel responsible for persons protected by
  the conventions should receive instruction commensurate with their duties and responsibilities and have
  copies of the appropriate conventions available to them (see, for example, GPW art. 127).