Chapter 17. The relationship between international human rights law and international humanitarian law in occupied territories

Abstract

This chapter investigates the extent of applicability of human rights in the scenario of occupation, the examinations of the question relating to the interlocking relationship between international human rights law (IHRL) and international humanitarian law (IHL) are summarised and dealt with the extent necessary for accomplishing the primary objective. It presents some fundamental differences remain between IHRL and IHL. The complementary relationship between IHL and IHRL raises the question whether the threshold of applicability of common Article 3 of the GCs should be comparable to that of derogation in non-international armed conflict. The relationship between IHL and IHRL is not governed by the literal application of lex specialis, which sets aside human rights en bloc by IHL. Kretzmers model does not contemplate the application of human rights standards to battlefield or any pocket of the land in occupied territory, where an occupying power has become unable to secure situational control.Keywords: international human rights law (IHRL); international humanitarian law (IHL); Kretzmers model; lex specialis; non-international armed conflict; occupied territory