The Relationship between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict

Abstract

Following some framing remarks to place in wider context the discussion that follows on the relationship between international humanitarian law (IHL) and international human rights law (HRL), and the application of the latter in armed conflict, this paper addresses the following: (a) the systemic relationship between IHL and HRL; (b) whether key HRL provisions are amenable to reasonable application in armed conflict, and, if so, whether there are policy considerations that suggest their application as a matter of discretion, even if they are not applicable de jure; and (c) assuming that HRL provisions apply in armed conflict de jure, or ought to be applied as a matter of discretion, the relationship between relevant IHL and HRL provisions. The paper does not address issues concerning the de jure application of HRL in armed conflict.1