Concurrent Application of International Humanitarian Law and International Human Rights Law Revisited

Human Rights & International Legal Discourse (HR&ILD)

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Year
2018
Volume
12
Number
1
Page
23
Language
English
Court
Reference
J-M. HENCKAERTS en E. NOHLE, “Concurrent Application of International Humanitarian Law and International Human Rights Law Revisited”, HRILD 2018, nr. 1, 23-43

Abstract

The relationship between international humanitarian law and human rights law continues to be debated and tested in practice, informed by increasing scrutiny of military action by domestic and international courts and treaty bodies. The lack of sufficient enforcement mechanisms for victims under humanitarian law has contributed to the turn to national courts and human rights courts and treaty bodies by victims of violations committed during armed conflict. As a consequence, these courts and bodies are maintaining their influence in the debate on, and our understanding of, the relationship between humanitarian and human rights law. This trend has also created new demands on human rights courts and bodies, in particular in terms of their familiarity with humanitarian law and with respect to the need for rulings that take into account what is practically feasible in time of armed conflict. This article provides an overview of the judicial enforcement mechanisms and scope of application of international humanitarian and human rights law, as well as an assessment of some aspects of their concurrent application in practice.