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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
This publication provides a thorough legal analysis and guidance to
State authorities, human rights and humanitarian actors and others
on the application of international human rights law and international
humanitarian law for the protection of persons in armed conflict. It
addresses, in particular, the complementary application of these two
bodies of law. It does not aim to cover all relevant aspects, but seeks
instead to provide an overview of their concurrent application. It provides
the necessary legal background and analysis of the relevant notions,
in order for the reader to better understand the relationship between
both bodies of law, as well as the implications of their complementary
application in situations of armed conflict.
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
explains and compares the principles of both branches and also analyses
who the duty bearers are of the obligations flowing from international
humanitarian law and international human rights law.
Chapter II analyses the formal requirements for the concurrent application
of international human rights law and international humanitarian law,
particularly from the perspective of the existence of an armed conflict and
its territorial scope. It also deals with their limitations in such circumstances
and discusses the problems resulting from their concurrent application.
Chapter III deals with accountability and explores the legal framework
determining State and individual responsibility for violations of international
human rights and humanitarian law. It also presents victims’ rights in the
event of such violations. Finally, it gives an overview of the non-judicial
forms of justice which can accompany (or in some cases be a substitute
for) criminal justice.
Chapter IV examines selected United Nations practice in applying
international human rights and humanitarian law in situations of armed