16
INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
harm to other persons, or would be clearly inappropriate or pointless in
the circumstances of the incident.”
When comparing norms of international human rights law and international
humanitarian law, it becomes apparent that the latter protects only some
human rights and only to the extent that they are particularly endangered
by armed conflicts, and is not, as such, incompatible with the very
existence of an armed conflict. Thus, the right to social security, the right
to free elections, freedom of thought or the right to self-determination are
not covered by international humanitarian law. In a number of situations,
its rules could be, on the limited issues they deal with, more adapted
to the specific problems arising in armed conflicts. Moreover, while the
rules of international humanitarian law on the treatment of persons who
are in the power of the enemy may be understood as implementing their
human rights, taking military necessity and the peculiarities of armed
conflicts into account, certain rules on the conduct of hostilities deal with
issues not addressed by human rights, e.g., who may directly participate
in hostilities and how such persons must distinguish themselves from the
civilian population, or the rights and identification of medical personnel.
International humanitarian law provides for the protection of a number
of civil and political rights (e.g., the right to life of enemies placed hors
de combat or judicial guarantees), economic, social and cultural rights
(e.g., the right to health and the right to food) and group rights (e.g., the
right to a healthy environment). This is particularly evident concerning the
wounded and the sick, who must be respected, protected, collected and
cared for.
2. Modes of protection
International human rights law imposes obligations to respect, protect
and fulfil that stretch across all human rights. These three terms make
it possible to determine whether international human rights obligations
have been violated. While these terms have not traditionally been used
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