118 INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT As a result of efforts to ensure effective protection for the rights of all persons in situations of armed conflict, a number of United Nations bodies and organizations, human rights special mechanisms, as well as international and regional courts, have in practice increasingly applied obligations of international human rights law and international humanitarian law in a complementary and mutually reinforcing manner. In any case, it should be recalled that, as stated by the High Commissioner for Human Rights, “international human rights law and international humanitarian law share the common goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and more recently the Human Rights Council, have considered that, in situations of armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by conflict.”200 In this respect, both international human rights law and international humanitarian law provide extensive protections and guarantees for the rights of persons not actively or no longer participating in hostilities, including civilians. The application of both bodies of law should be carried out in a complementary and mutually reinforcing manner. Doing so prevents gaps in protection and could facilitate a dialogue with the parties to the conflict concerning the extent of their legal obligations. Moreover, the complementary application of both bodies of law will also provide the necessary elements for triggering national or international accountability mechanisms for violations committed in the conflict. Finally, both legal regimes also provide the necessary mechanisms to ensure that victims can exercise their right to a remedy and to reparation. As this publication has shown, the interaction between international human rights law and international humanitarian law highlights the complexities of adequately understanding the legal regime applicable to armed conflicts. Yet, despite these complexities, consistent practice by international   High Commissioner’s opening remarks at the Expert consultation on the protection of the human rights of civilians in armed conflict, Geneva, 15 April 2009. 200

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