The Relationship between Human Rights Law and International Humanitarian Law Using the Example of Targeted Killings

Abstract

This article examines the relationship between human rights law and international humanitarian law (IHL) using targeted killings as an example. It analyses the question of whether such an instrument is justified within the human rights and IHL framework, in particular to what extent human rights, which protect every life, influence the legal admissibility of targeted killings under IHL. First, the admissibility of targeted killings under human rights law is discussed. The relationship between the two areas of regulation and the influence of human rights law on international and non-international armed conflict will then be examined. The article shows that human rights law requires a broad interpretation of the concept of the civilian as well as a precise weighing within the proportionality test. Furthermore, the influence of human rights on combatants participating directly in hostilities and on the figure of the permanent fighter is discussed. All in all, the article suggests an interpretation closely oriented towards human rights due to the high potential of danger resulting from targeted killings.