Abstract
The UN Security Council has authorized Member States to adopt unprecedented measures to combat piracy in Somalia. While authorizing all necessary measures against pirates, the UN Security Council has deemed it necessary to indicate that such measures must be consistent with international humanitarian and human rights law (Res. 1851 of 16 December 2008). The contextual application of these two distinct branches of law to anti-piracy operations gives the individuals concerned, such as the hostages or the suspected pirates, major protection for their rights. However, there is a problem of coordination between international humanitarian law and human rights. Jurisprudence and the practice of non-judicial control mechanisms have tried to define the relationship between the system of human rights and humanitarian issues. This article aims to analyze the relationship between international humanitarian law and human rights, and to determine, through the interaction of both systems, the level of protection that will apply during anti-piracy operations.
Published Version
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