Seeking Clarity in Relation to the Principle of Complementarity: Reflections on the Recent Contributions of Some International Bodies

Abstract

There has been an increasing tendency among international institutional bodies to describe the relationship between humanitarian law and human rights law as being 'complementary'. This principle is generally understood to mean that the two bodies of law are not mutually exclusive but mutually reinforcing. This rhetoric of complementarity however has tended to obscure the more complex issue regarding the practical implementation of this coexistence between humanitarian law and human rights standards during times of armed conflict. This think piece seeks to consider the extent to which the more recent endeavors of some international bodies are able to develop the notion of complementarity such that it becomes persuasive and operational. It suggests that at present there has been a failure to engage in the detailed and practically grounded analysis that is required to provide the deeper foundations upon which to build an understanding as to the workability of the complementarity principle.