Communication 431/12 – Thomas Kwoyelo v. Uganda In such instances of concurrent application of human rights and IHL rules, there are various approaches. 150. First, although both the provisions of the African Charter and IHL rules relating to NIACs apply to the present case, the Commission will only make a finding of violations of the African Charter. The African Commission has already taken a position that the role of IHL rules in the relationship between IHL and the provisions of the African Charter is to serve as standard by reference to which the rights of the Charter are interpreted.39 In making reference to IHL rules on the basis of Articles 60 and 61 of the African Charter, the African Commission accordingly uses, instead of the Charter standards that apply in normal conditions and peace times, the standards of the IHL rules for making a determination of the existence of violations of the provisions of the African Charter in such situations of NIACs. 151. Accordingly, for the instance case the African Commission applies the standard of treatment specified in Common Article 3, which is generally considered to have achieved a status of customary international law, specifically its reference among others to persons in detention, and Articles 4 and 6 of Additional Protocol II specifically relating to persons deprived of liberty. 152. Second, in the event of tension arising from the concurrent application of IHL and the human and peoples’ rights provisions of the African Charter in situations of armed conflict, the Latin maxim of lex specialis derogat legi generali applies. The implication of the lexi specialis maxim is that when two provisions apply to the same situation and there is divergence, the provision that gives the most detailed guidance should be given priority over the more general one. In relation to the conduct of parties in NIAC including the treatment of individuals captured in situations of NIAC, IHL is considered the lex specialis. 39 See General Comment No. 3 of the African Commission on Human and Peoples’ Rights on the Right to Life paras. 13 and 32. 40 62nd Ordinary Session, 25 April – 9 July 2018