Communication 431/12 – Thomas Kwoyelo v. Uganda 275. What makes the instant case different from the above two is that, in the instant case, first, the Respondent specifically denies the allegations, claiming that the proper and required medical services were provided to the Victim and even provides the name of the hospital where the Victim was treated in Kampala after he was captured, supported by an affidavit. Second, as has been established earlier, the applicable standards to be applied to evaluate the adequacy and timeliness of the medical care provided, are those of IHL. Moreover, the Complainant does not indicate whether the alleged acts and omissions were committed in Uganda or DRC, making it indeterminate, and hence difficult to properly assess the circumstances as the requirements and expectations for the provision of medical services in the battlefield and away from the battlefield are different. 276. The expression ‘to the fullest extent practicable’ in Article 7(2) of Additional Protocol II was incorporated as a matter of realism, in order to take into account the means and personnel available. In the battlefield, it is sometimes materially impossible to immediately provide the care and attention required. The obligation remains to provide it and to do so as well and as quickly as possible, given the circumstances.65 277. In a situation where the Commission does not have specific information on where or under what circumstances the Victim was denied proper medical care for more than 48 hours, it would not be in a position to decide if the State has failed to provide medical care as required. 278. In addition, there is no forensic or medical evidence submitted which proves that the Victim is actually experiencing continuing pain, and that the pain is as a International Committee of the Red Cross, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 8 June 1977, Commentary of 1987 – Protection and Care, available at https://ihldatabases.icrc.org/applic/ihl/ihl.nsf/1a13044f3bbb5b8ec12563fb0066f226/cb507989c1767179c12563c d0043a5d3 65 74 62nd Ordinary Session, 25 April – 9 July 2018