33
Chapter I having covered the legal framework of international human
rights law and international humanitarian law in armed conflict, chapter
II will focus first on the trigger for their concurrent application, namely
the existence of an armed conflict. It will also analyse the current legal
understanding of their territorial scope. It will then explain how the
exceptional mechanisms known as derogations and limitations as well as
the use of reservations to treaties affect their applicability. Finally, it will
discuss the problems resulting from their concurrent applicability.
A. ARMED CONFLICT AS THE TRIGGER
The concurrent application of international human rights and humanitarian
law can happen only when a series of objective conditions are met.
International humanitarian law being essentially a body of law applicable
to armed conflict, the existence of a situation amounting to an armed
conflict is necessary to trigger its applicability in conjunction with
international human rights law. The next sections will address the question
of what an armed conflict is and what types of armed conflict international
humanitarian law applies to. It should, however, be noted that a number of
international humanitarian law obligations require action before a conflict
begins or after a conflict ends. For example, States must provide training
in international humanitarian law to their armed forces in order to prevent
potential abuse; States must also encourage the teaching of international
humanitarian law to the civilian population; domestic legislation must be
adopted implementing its relevant provisions, including the obligation to
include war crimes in domestic law; States must also prosecute persons
who have committed war crimes. One category of war crimes, grave
breaches of the Geneva Conventions and of Protocol I, must be prosecuted
according to the principle of universal jurisdiction, i.e., independently of
where the crime has been committed and of the nationality of the offender
and of the victims. Thus, some violations of international humanitarian
law could be established and their perpetrators punished outside the time
frame and the geographical context of an actual armed conflict.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents