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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.
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