jurisdiction over any criminal acts committed on foreign territory and trials will usually be conducted by military commissions. • When criminal acts are committed by unauthorised forces, a distinction should be made between acts committed during and after conflict. The rules of international humanitarian law apply to international and non international conflicts. Torture is a ‘grave breach’ of the four Geneva Conventions of 1949 and their Additional Protocols. States are bound to prosecute for breaches. • Once the conflict is over, the intervention force is termed a ‘belligerent occupant’ of the territory and articles under the Hague Regulations of 1907 apply to regulate the respective responsibilities of the occupying and occupied states. • The 2004 Advisory Opinion of the ICJ in the Israeli Wall case confirms that international humanitarian law continues to apply to occupied territory and the occupying State will be internationally responsible for all breaches including acts of torture. • As torture attracts universal jurisdiction, all states may assert jurisdiction over those alleged to have committed this offence during occupation. The ICC under the Rome Statute would also have jurisdiction over acts committed as a crime against humanity and as a war crime when the territorial state or state of nationality of the accused has ratified the treaty. • Controversially, the Rome Statute gives jurisdiction to the ICC over the national of a non party where the international criminal act committed by the individual took place in the territory of a State party. • Similarly, the ICC has jurisdiction when the Security Council refers a matter to it, as in relation to Darfur. (xi) the nature and scope of the obligation to protect against violations by non-state actors. • States have an obligation to protect persons against acts of torture and cruel, inhuman or degrading treatment or punishment committed by non-state actors where the state has 41