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The reference to other international obligations has important consequences. For a state party to one of the aforementioned human rights treaties, which has also ratified the Geneva Conventions and the two Protocols, the derogation clause bars any derogation inconsistent with the humanitarian law conventions. Moreover, certain measures not prohibited by the Geneva Conventions or the Protocols in time of war or national emergency could not be lawfully adopted by a state party to the human rights treaty, if such measures violated a human right that was non-derogable under the treaty.

War crimes and crimes against humanity. The Statutes of the international criminal tribunals for the former Yugoslavia and for Rwanda, as well as the Statute of the permanent International Criminal Court, draw heavily on the Geneva Conventions and the decisions of Nuremberg War Crimes Tribunal on defining the crimes that fall within the jurisdiction of these tribunals, i.e., grave breaches of these conventions and other serious violations of international humanitarian law. Draft Code of Crimes Against the Peace and Security of Mankind, arts. 18&20, Report of the International Law Commission, 48th Sess., U. N .G. A. O. R., 51st Sess., Supp. No.10, at 125, U. N. Doc. A/51/10 (1996).

STATE RESPONSIBILITY FOR INJURIES TO ALIENS
Historical development. Whereas the international law of human rights has a very recent history, the basic principles of the law of state responsibility for injuries to aliens can be traced to the early days of modern international law. These principles were amplified and refined by international arbitral tribunals in the 19th and early 20th centuries and to a lesser extent by the Permanent Court of International Justice.