Chapter Twenty-Four. Harmonising The Individual Protection Regime: Some Reflections On The Relationship Between Human Rights And International Humanitarian Law In The Light Of The Right To Life

Abstract

The so-called 'war on terrorism' did set tremendous challenges to the regime of international protection of the individual by stalling the move since 1945 to make States accountable for the treatment of individuals on their territory or within their jurisdiction, principally through the limitations of human rights law, humanitarian law and refugee law. The interplay between human rights and humanitarian law has been debated at length. It is undoubted that the availability of human rights treaty bodies which may be seized in respect of violations committed during armed conflicts can compensate for the deficits of international humanitarian law. The continuing applicability of human rights law in time of armed conflict to the extent of its non-derogability leads to the logical consequence that its implementing mechanisms continue also to operate. The links between IHL, international peace and security and international criminal law have also led to new input into IHL. Keywords: Human Rights Law; Humanitarian Law; International Humanitarian Law (ILH); Refugee Law; War On Terrorism