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Jul 1, 2012 · Armed incidents and conflicts. Although different in scope, both international human rights law and international humanitarian law offer a series of complementary and mutually reinforcing protections to persons in armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants. This ...
About human rights in conflict situations. In recent decades, armed conflict has blighted the lives of millions of civilians. Serious violations of international humanitarian and human rights law are common in many armed conflicts. In certain circumstances, some of these violations may even constitute genocide, war crimes or crimes against ...
Chapter I outlines the legal framework within which both international human rights law and international humanitarian law apply in situations of armed conflict, identifying some sources of law, as well as the type of legal obligations imposed on the different parties to armed conflicts. It
IHRL can, therefore, be a complementary and reinforcing source of obligations on parties to armed conflict or belligerent occupation. For instance, the right to life, prohibition of torture or degrading treatment, right to a fair trial or prohibition of discrimination are reasonably applicable in most situations of armed conflict.vii. 6.
- Introduction
- The Interpretation Process Versus The Application Process
- Traditional Legal Framework Versus A Coherency-Based Approach
- Conclusion
It is well known that international humanitarian law (IHL) and international human rights law (IHRL) have different origins. Modern IHL was born during the second half of the nineteenth century, primarily in relation to the foundation of the Red Cross,1 while IHRL mainly developed after World War II,2 under the aegis of the United Nations (UN). It ...
The two main ways through which IHRL currently impacts the regulation of armed conflict are the interpretation of IHL in light of IHRL norms and case law, whereby IHRL impacts IHL itself,18and the applicability of IHRL in armed conflicts alongside IHL.
Practice and legal scholarship show that there is a lack of any satisfactory legal framework to guide both the interpretation and application processes and to overcome the difficulties arising from those processes. It is submitted that such guidance may be found through a coherency-based approach, mainly drawn from legal theories on the normative c...
The interplay between IHL and IHRL has been the object of numerous studies in legal scholarship. However, no study has ever proposed any elaborated theoretical framework, combining formal and substantial considerations, in order to address the interplay resulting from both the interpretation of IHL in light of IHRL (the interpretation process) and ...
This will be followed by a brief description of the two archetypes of armed conflicts for which IHL was made (2.B): international armed conflicts between states and non-international armed conflicts between governmental forces of one state and rebels which want to seize power over the whole or a part of that state.
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Governments are principally responsible for the implementation of international human rights and humanitarian law during periods of armed conflict.1 During non-international armed conflicts, govern-ments and armed opposition groups each bear responsibility for their obedience to those norms.2. International organizations can encourage the ...
