II. REQUIREMENTS, LIMITATIONS AND EFFECTS OF THE CONCURRENT APPLICABILITY OF
INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT
of the Congo and Uganda, the International Court of Justice indicated
that the Convention and the Optional Protocol were applicable in the
context of the conflict between them.82 Similarly, the Convention on the
Rights of Persons with Disabilities provides that States parties “shall
take, in accordance with their obligations under international law,
including international humanitarian law and international human
rights law, all necessary measures to ensure the protection and safety
of persons with disabilities in situations of risk, including situations
of armed conflict, humanitarian emergencies and the occurrence of
natural disasters” (art. 11);
Protocol I to the Geneva Conventions states that “no provision of this
article may be construed as limiting or infringing any other more
favourable provision granting greater protection, under any applicable
rules of international law, to persons covered by paragraph 1” (art.
75.8);
The International Court of Justice has noted that there are three possible
situations when it comes to the relationship between international
humanitarian law and international human rights law: “some rights
may be exclusively matters of international humanitarian law; others
may be exclusively matters of human rights law; yet others may be
matters of both these branches of international law”;83
The International Committee of the Red Cross has identified certain
“fundamental guarantees” and noted that human rights law
instruments, documents and case law support, strengthen and clarify
analogous principles of international humanitarian law.84
In practice, due to the similar protections offered by both international
human rights law and international humanitarian law, their concurrent
application in armed conflicts does not, in general, raise substantive
problems. When persons find themselves in the power of the enemy in
Armed Activities on the Territory of the Congo, para. 217.
Legal Consequences of the Construction of a Wall, para. 106. The Court maintained the
same approach in Armed Activities on the Territory of the Congo, para. 216.
84
Customary International Humanitarian Law, Part V, chap. 32.
82
83
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