system to monitor the treatment of the persons concerned (see the Interim report of the Special Rapporteur on Torture to the General Assembly 2 July 2002). (viii) international humanitarian law on torture and other forms of ill-treatment in times of domestic and international conflict. • International humanitarian law applies in times of armed conflict. It concerns the protection of person in international and non-international armed conflicts. • The basic international instruments relating to international humanitarian law include: o The Hague Conventions with Respect to the Laws and Customs of War on land and related regulations 1899; o The Hague Conventions with Respect to the Laws and Customs of War on Land and related regulations 1907; • o The four Geneva Conventions 1949; and o The two Additional Protocols to the four Geneva Conventions 1977. These instruments prohibit torture and related practices in international and noninternational armed conflicts. The prohibition is part of customary international law and is non-derogable, applying in war and peace. • Violations give rise to individual criminal responsibility; this falls under the principle of universal jurisdiction which enables states everywhere to prosecute those responsible for crimes anywhere. • Individual criminal responsibility has been further concretised by the establishment of various international criminal courts. In particular, the Rome Statute 1998 which established the ICC encompasses torture as a component of various international crimes, including genocide, crimes against humanity and war crimes. The ICC’s jurisdiction is based on the principle of complementarity which enables it to take action where the national authorities are unable or unwilling to act. 37