58
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
the context of hostilities, both bodies of law seek to provide protection to
these persons and often provide a similar response to particular situations.
Nevertheless, in certain exceptional cases, international human rights law
and international humanitarian law may offer contradictory solutions. For
example, as will be discussed below, the amount of deadly force that may
be used against a person is regulated differently in international human
rights law and in international humanitarian law. International law has
therefore foreseen a number of mechanisms of legal interpretation that
would help to decide how two apparently conflicting norms should be read
together and, if that proves impossible, which would have pre-eminence.
As will be explained in the next section, one such mechanism is the socalled principle of lex specialis derogat legi generali, according to which,
in cases of a conflict of norms, the more specific rule is applied over the
more general rule. Yet, other mechanisms, such as the principles of lex
posterior derogat legi priori85 or interprétation conforme, could also be
applied to determine how two seemingly conflicting rules can be applied to
a given situation or, if necessary, which of the two rules should be applied.
2. International human rights law, international humanitarian law and
the principle of lex specialis
As indicated above, international human rights law and international
humanitarian law apply concurrently in situations of armed conflict, with
their different protections complementing each other. However, there could
be instances in which international human rights law and international
humanitarian law regulate the same situation in a different manner,
yielding different results. In such cases of conflict of norms, international
practice has established that, failing other means to interpret both norms
in conformity, one of the principles of interpretation of norms that could be
applied is that of lex specialis.
The principle that new laws are, generally, given preference over previous ones is a
principle of law that has been codified in the Vienna Convention on the Law of Treaties
(art. 30).
85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents