IV. APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW
BY THE UNITED NATIONS
CONCLUSION
As indicated throughout this study, international human rights law and
international humanitarian law are bodies of law in permanent evolution.
Warfare is a phenomenon in constant change and, thus, international
human rights law and international humanitarian law are required to adjust
constantly to avoid gaps in the protection they provide. Changes in the
law stem essentially from the practice of the different organs that supervise
compliance with the system. Jurisprudence by judicial organs, but also by
treaty bodies, is a significant source of interpretation and is fundamental
for the development of the system. But applying the rules correctly and,
most importantly, providing adequate protection to populations at risk
require a thorough understanding of how these different norms interact
and how they complete and complement each other to afford the highest
standard of protection possible.
The discussion on their interaction is certainly part of a broader legal
debate on the fragmentation and unity of international law. As a result,
recent legal debates have concentrated on developing mechanisms to
ensure maximum protection for the individual. For instance, in a number
of cases, one body of law requires a referral to another body of law, as
is the case of common article 3 of the Geneva Conventions, which uses
concepts developed in more detail in human rights instruments, including in
the Universal Declaration of Human Rights. Similarly, on certain occasions
human rights law needs to be interpreted in the context of international
humanitarian law, as done by the International Court of Justice in its
advisory opinion on the Legality of the Threat or Use of Nuclear Weapons.
Concerning their complementarity, both human rights law and international
humanitarian law inform each other in a number of ways. In the context
of the Human Rights Council’s discussions on this subject, different experts
have highlighted that in certain complex situations some type of test may
be necessary to assess the most adequate legal framework to be applied
in a particular situation.
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