Decommissioned? International Humanitarian Law and the Inter-American Human Rights System

Abstract

The relationship between human rights and humanitarian law is a close one, especially in the context of internal armed conflict. Although regulated by humanitarian law, human rights law remains valuable in such conflicts for several reasons. These include the possibility that enforcement mechanisms created by human rights instruments could serve as alternative fora for the enforcement of humanitarian standards. The Inter-American machinery has been particularly active in this area, and this article examines the relationship between human rights and humanitarian law as it has been reflected and developed in the jurisprudence of the Inter-American Commission and Court of Human Rights.