“I May Be Killed Any Moment” 69 Moreover, Common Article 3 of the Geneva Conventions notes unequivocally that war crimes are war crimes if the above elements are satisfied regardless of place; they “remain prohibited at any time and in any place whatsoever.”377 Bangladesh’s neutrality to the armed conflict in Myanmar also does not shield individuals or groups within the neutral state from being held accountable for war crimes. The issue of whether humanitarian law can apply in the territory of another State—such as Bangladesh—when the hostilities are taking place in a different State—Myanmar—is a seemingly novel question. However, the ICTY’s decision on war criminal Dusko Tadi’ć s appeal on jurisdictional ground supports the proposition that Common Article 3 should be interpreted literally and widely to “apply outside the narrow geographical context of the actual theatre of combat operations.”378 The Tadić Court cited Article 2(2) of Protocol II of the Geneva Convention Relating to the Protection of Victims of Non-International Armed Conflicts, which states: [A]t the end of the conflict, all the persons who have been deprived of their liberty or whose liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty.379 Analyzing the scope of that provision, the Tadić Court held that: [T]he temporal scope of the applicable rules clearly reaches beyond the actual hostilities. Moreover, the relatively loose nature of the language ‘for reasons related to such conflict’ , suggests a broad geographical scope as well. The nexus required is only a relationship between the conflict and the deprivation of liberty, not that the deprivation occurred in the midst of battle.380 Especially relevant for the case of Rohingya in Bangladesh, the court found that: International humanitarian law applies from the initiation of such armed conflicts and extends beyond the cessation of hostilities until a general conclusion of peace is reached; or, in the case of internal conflicts, a peaceful settlement is achieved. Until that moment, international humanitarian law continues to apply… 381 The International Committee on Red Cross (ICRC) Commentary on Common Article 3 similarly alludes to a wide application of international humanitarian law “[o]nce the threshold of a noninternational armed conflict has been crossed.”382 The ICRC notes that instead of geographical location, the issue as to whether a war crime is or can be committed is the nexus.383 Specifically: The object and purpose of common Article 3 supports its applicability in non-international armed conflict reaching beyond the territory of one State. Given that its aim is to provide persons not or no longer actively participating in hostilities with certain minimum protections during intense armed confrontations between States and non-State armed groups or between such groups, it is logical that those same protections would apply when such violence spans the territory of more than one State.384 Based on a review of the applicable elements to establish a war crime, the Rohingya militants’ acts of killings and torture against Rohingya refugees in direct relation to armed conflict in Myanmar should be investigated by the relevant authorities as potential war crimes. The Geneva Conventions 377 See, e.g., Third Geneva Convention, Art. 3. 378 Prosecutor v. Tadić, ICTY, Case No. IT-94-1, Judgement (Appeal), October 2, 1995, paras 67–70. 379 Id. at para 69 (citing Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II), 1125 U.N.T.S. 609, entered into force December 7, 1978). 380 Ibid. 381 Id. at para 70. 382 International Committee of the Red Cross, Commentary of 2020: Convention (III) Relative to the Treatment of Prisoners of War, 2020, para. 493. 383 Id. at paras. 493–498. 384 Id. at para. 501.