Symposium: The Relationship between International Humanitarian Law and International Human Rights Law

Abstract

In recent years, the relationship between international humanitarian law and international human rights law has become increasingly controversial. Human rights lawyers and activists have sought to apply human rights norms to military conduct in international and internal conflicts, and during belligerent occupations. With varying degrees of success, complainants have brought their cases before international tribunals such as the European Court of Human Rights and the Inter-American Commission and Court, and to national courts able to apply international human rights standards. To a large extent, this has simply been because forums exist to hear human rights claims, whereas they do not for individuals alleging violations of international humanitarian law. 1 However, human rights norms have also been seen as more restrictive; as placing greater constraints on States? freedom to conduct hostilities, preventively detain and administer occupied territories. For this reason, governments have largely resisted attempts to extend the reach of international human rights law into areas traditionally governed by international humanitarian law.