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Published online by Cambridge University Press: 11 October 2018
INTRODUCTION
This chapter offers some general conclusions that can be drawn from how the different authors in their respective chapters have analysed the ways in which international human rights law (IHRL), international criminal law (ICL) strictosensu, transnational criminal law (TCL) and international humanitarian law (IHL) converge and diverge. We first identify the possible ways in which IHRL, ICL stricto sensu, TCL and IHL (can) converge (see below section 2). IHRL, ICL stricto sensu and lato sensu, TCL and IHL interact and overlap, but diverge at the same time. We therefore also look at the frictions, collisions and impairments that arise because of this. In this regard, we list the means proposed by some of the authors in this book to remedy conflicts born out of the interaction of IHRL, ICL stricto sensu and lato sensu, TCL and IHL (see below section 3).
POSSIBLE CONVERGENCES BETWEEN IHRL, ICL STRICTO SENSU, TCL AND IHL
ICL AND TCL's GAP-FILLING EFFECT THROUGH ENFORCING IHRL
As pointed out by Patrícia Pinto Soares and Gerhard Kreutzer, Damien Scalia and Valentina Milano, the fact that ICL stricto sensu and TCL serve as an enforcement vehicle for IHRL is one of the most straightforward ways in which ICL stricto sensu, TCL, and IHRL can converge. In the same vein, Milano contends that the strongest gap-filling effect of TCL on IHRL is to give ‘teeth to the anti-trafficking response in terms of providing effective tools to combat and prosecute crime on the ground, where human rights law lacks these teeth and has been referred to as a “precious but blunted sword”’.
Pinto Soares and Kreutzer do not limit the enforcement potential of ICL stricto sensu for IHRL to enforcement through the criminal justice system. They contend that ICL can empower and work as the louder voice of IHRL, as discourse of ICL involves a strong emotional message condemning the gravity of the conduct under its scope.
IHRL AS A GAP-FILLER OF ICL STRICTO SENSU, TCL AND IHL
Throughout the chapters, various ways in which IHRL can serve as a gap-filler for ICL stricto sensu, TCL and IHRL have been identified.
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