I. INTERNATIONAL HUMAN RIGHTS LAW AND INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICT:
LEGAL SOURCES, PRINCIPLES AND ACTORS
in hostilities, while at the same time limiting the violence to the extent
necessary to weaken the military potential of the enemy. Both in limiting
the violence and in regulating the treatment of persons affected by armed
conflict in other respects, international humanitarian law strikes a balance
between humanity and military necessity. While on the face of it, the
rules of international human rights law and international humanitarian
law are very different, their substance is very similar and both protect
individuals in similar ways. The most important substantive difference is
that the protection of international humanitarian law is largely based on
distinctions—in particular between civilians and combatants—unknown in
international human rights law.
1. Protected rights
International humanitarian law is traditionally formulated in terms of
objective rules of conduct for States and armed groups, while international
human rights law is expressed in terms of subjective rights of the
individual vis-à-vis the State. Today, an increasing number of rules of
international humanitarian law, in particular fundamental guarantees for
all persons in the power of a party to a conflict and rules of international
humanitarian law in non-international armed conflict, are formulated in
terms of subjective rights, e.g., the right of persons whose liberty has been
restricted to receive individual or collective relief or the right of families
to know the fate of their relatives. Conversely, subjective rights have been
translated by United Nations General Assembly resolutions into rules of
conduct for State officials. For instance, the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials, adopted at the Eighth
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders in 1990, provide an authoritative interpretation of the principles
authorities must respect when using force in order not to infringe the right
to life, and they direct, inter alia, law enforcement officials to “give a
clear warning of their intent to use firearms, with sufficient time for the
warning to be observed, unless to do so would unduly place the law
enforcement officials at risk or would create a risk of death or serious
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