A European Perspective on the International Human Rights and Humanitarian Law Relationship in the Context of Multinational Military Operations

Abstract

This chapter analyses from a European perspective the complex relationship between international human rights law (IHRL) and international humanitarian law (IHL) in the context of multinational military operations. In construing a European perspective, the case law of the European Court of Human Rights (ECtHR) is given specific attention. Due attention is also paid to relevant documents by the Council of Europe (CoE), the EU, UN organs, the International Committee of the Red Cross (ICRC), as well as state practice. The chapter adopts an instrumental approach, inquiring whether the interaction between IHRL and IHL helps to ensure a higher level of protection for civilians and civilian objects from the effects of armed conflicts. After discussing their shared foundational value, namely protecting human dignity, the degree of convergence between IHRL and IHL is assessed in four main areas, namely the protection of civilians, the right to humanitarian assistance, detention, and the right to reparations for victims of armed conflicts.