Interface, Correspondence and Convergence of Human Rights and International Humanitarian Law

Humanitarian Law ◽

Two Systems ◽

The Relationship ◽

Point Of Departure

From a doctrinal point of view, the relationship between human rights and international humanitarian law (IHL) seems like a settled issue in terms of the correspondence of basic objectives and common aims.Different theories have tried to explain that relationship, taking into consideration either that human rights and IHL are separate systems or that they are completely integrated within international law. Most recent positions emphasize their convergence into a scheme of mutual coordination and complementarity.In our view, none of these positions clearly characterize the day-to-day interface between human rights and IHL. Taking that premise as a point of departure, our purpose is to demonstrate that there is no rational or organized convergence between the two systems of law, that similitude and correspondence are sometimes overwhelmed by diversity, and that gaps and overlaps between their rules are a common feature of their interrelations.

The Obligation to Afford Reparation to Injured Individuals

10.1093/oso/9780198808442.003.0004 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Organizations ◽

Humanitarian Law ◽

Human Rights Treaties ◽

The Law ◽

The Right ◽

Right Of Access ◽

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

14. The law of armed conflict

International Law ◽

10.1093/he/9780198828723.003.0014 ◽

2019 ◽

pp. 279-302

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Military Operations ◽

Basic Principles ◽

Law Of Armed Conflict ◽

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

International Law ◽

10.1093/he/9780198753018.003.0014 ◽

2017 ◽

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Military Operations ◽

Basic Principles ◽

Law Of Armed Conflict ◽

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

Thoughts on the relationship between International Humanitarian Law and Refugee Law, their promotion and dissemination

International Review of the Red Cross ◽

10.1017/s0020860400074131 ◽

1988 ◽

Vol 28 (265) ◽

pp. 367-378

Author(s):

Jovića Patrnogic

Keyword(s):

Human Rights ◽

International Law ◽

20Th Century ◽

Armed Conflicts ◽

Humanitarian Law ◽

Human Beings ◽

Refugee Law ◽

From the beginning of the 20th century up to the present, international law has been marked by a profound evolution: it has been progressively humanized. Those responsible for drafting international law have clearly understood that it could no longer disregard the fate of human beings and leave to States and their internal laws the protection of fundamental human rights, both in peacetime and during armed conflicts.

14. The law of armed conflict

10.1093/he/9780198869399.003.0014 ◽

2021 ◽

pp. 273-295

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Military Operations ◽

Basic Principles ◽

Law Of Armed Conflict ◽

This chapter examines those parts of international law that regulate how military operations must be conducted jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7 deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

17 International Humanitarian Law and International Human Rights Law

The Oxford Guide to International Humanitarian Law ◽

10.1093/law/9780198855309.003.0017 ◽

2020 ◽

Author(s):

Sassòli Marco

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflicts ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

This chapter assesses the relationship between international human rights law (IHRL) and international humanitarian law (IHL). While IHRL, unlike IHL, was not founded specifically to protect people affected by armed conflicts, both branches of international law apply simultaneously during such conflicts. This raises the question of how they interrelate and also how possible contradictions between them can be resolved. Today, genuine armed conflicts are mainly not of an international character. In such situations, the relationship between IHL and IHRL is particularly controversial and difficult to determine. Nevertheless, both IHL and IHRL lead, in most cases, to the same results. In the few instances where results differ, states could do a lot to harmonize their obligations under both branches, by resorting to derogations permitted under IHRL, one of the means offered by international law to harmonize their IHRL obligations with their IHL obligations. Beyond this, legal reasoning allows for differentiated solutions on when and on which issues one or the other branch prevails.

Introduction: The Use of Private Military and Security Companies by the United Nations

International Community Law Review ◽

10.1163/18719732-12341286 ◽

2014 ◽

Vol 16 (4) ◽

pp. 399-404 ◽

Cited By ~ 1

Author(s):

Elżbieta Karska ◽

Karol Karski

Keyword(s):

Human Rights ◽

International Law ◽

Point Of View ◽

The Other ◽

Humanitarian Law ◽

The Will ◽

Definition Of ◽

Domestic Law ◽

Intergovernmental Organisations

The work of private military and security contractors is extremely controversial from the point of view of international law and of practice. Sometimes there are doubts as to whether some of their activities should be considered legal activities or illegal mercenarism. Like any other entities using force, they can violate human rights as well as international humanitarian law. They provide their services to, amongst others, states and intergovernmental organisations, including the un. This requires a precise definition of the rules under which such contractors operate, both with regard to the law of treaties and the domestic law of the entities using their services. A question also arises as to whether there is any legal limit to their services being used by intergovernmental organisations, i.e. entities deriving their competences from the will of their member states. The work of the un is an interesting example here. The organisation uses such contractors, but on the other hand, it undertakes various activities to eliminate any potential threats in this respect.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

E-Theologos Theological revue of Greek Catholic Theological Faculty ◽

10.2478/v10154-010-0011-9 ◽

2010 ◽

Vol 1 (2) ◽

pp. 117-135

Author(s):

Bożena Drzewicka

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

International Human Rights ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Chapter Twenty-Four. Harmonising The Individual Protection Regime: Some Reflections On The Relationship Between Human Rights And International Humanitarian Law In The Light Of The Right To Life

The Diversity of International Law ◽

10.1163/ej.9789004180390.i-676.145 ◽

2010 ◽

pp. 399-418

Keyword(s):

Human Rights ◽

Humanitarian Law ◽

Right To Life ◽

Individual Protection ◽

The Individual ◽

The Right ◽

Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

The American Journal of International Law ◽

10.1017/ajil.2018.84 ◽

2018 ◽

Vol 112 (4) ◽

pp. 553-582 ◽

Cited By ~ 2

Author(s):

Boyd van Dijk

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Geneva Conventions ◽

History Of ◽

History Of International Law ◽

The 1960S ◽

The Relationship ◽

Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.