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private individuals.” 40 Similarly, the Convention Against Torture recognizes that “Noexceptional circumstances whatsoever, whether a state of war or a threat of war, internal politicalinstability or any other public emergency, may be invoked as a justification of torture”; thus, thestate of non-international armed conflict could not be justification for torture. 41The prohibitions in Article 1 of the Chemical Weapons Convention have been interpretedto apply to non-international armed conflict. 42In addition, the prohibitions and restrictions on acquisition and development of biologicalweapons in the Biological Weapons Convention effectively prevent the use of biologicalweapons by States in non-international armed conflict. 43Further, the obligations in the Child Soldiers Protocol relate implicitly to noninternationalarmed conflict. 4417.2.1.3 Human Rights Treaties and NIAC. During an internal non-internationalarmed conflict, a State would continue to be bound by applicable human rights treatyobligations. 45The applicability of human rights treaty obligations during non-international armedconflict may depend on a variety of factors. Such applicability depends on the terms of theparticular treaty in question, and whether the State has exercised an authorized derogation fromits provisions due to an emergency situation. The applicability of a human rights treatyobligation with respect to an individual, such as an obligation under the International Covenanton Civil and Political Rights, for example, may depend on whether the person is located outsidethe territory of the State Party. 46 In addition, law of war rules constitute the lex specialis duringsituations of armed conflict, and as such, serve as the controlling body of law with regard to theconduct of hostilities and the protection of war victims. 4717.2.2 Assessing Customary International Law Applicable to NIAC. As a consequenceof the fewer treaty provisions applicable to non-international armed conflict, many of the rulesapplicable to non-international armed conflict are found in customary international law. The40 Convention on the Prevention and Punishment of the Crime of Genocide, art. 1, Dec. 9, 1948, 78 UNTS 277, 280(“The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crimeunder international law which they undertake to prevent and to punish.”); id. at art. 4 (“Persons committing genocideor any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsiblerulers, public officials or private individuals.”).41 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 2(2), Dec. 10,1984, 1465 UNTS 85, 114. Refer to § 1.6.3.4 (Convention Against Torture).42 Refer to § 6.8.3.2 (Prohibitions With Respect to Chemical Weapons).43 Refer to § 6.9.1 (Biological Weapons – Prohibition on Use as a Method of Warfare).44 Refer to § 4.20.5.2 (Child Soldiers Protocol).45 Refer to § 1.6.3 (Human Rights Treaties).46 Refer to § 1.6.3.3 (International Covenant on Civil and Political Rights (ICCPR)).47 Refer to § 1.3.2 (The Law of War’s Relationship to Other Bodies of Law).1018