Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-28T14:27:18.803Z Has data issue: false hasContentIssue false
  • English
  • Français

Chapter 9: Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: A Plea for Mutual Respect and a Common-Sense Approach

Published online by Cambridge University Press:  02 February 2015

Terry D. Gill
Get access

Abstract

This essay provides a commentary on the ongoing discussion of the relationship between the two legal regimes and attendant paradigms of hostilities and law enforcement in armed conflict. The discussion has, to an extent, taken the form of a disconnect between the IHL and IHRL communities. In order to get past this, a plea is made here to apply basic well established tools of legal methodology, to apply both regimes within their respective scope of application and to utilise common sense in determining which regime is the most relevant to a particular situation. This is in the interest of legal coherence and maintaining respect for the law, as well as in the interest of the persons the law is meant to protect.

Keywords

Relationship international humanitarian law and international human rights lawApplicabilityInterpretationLegal methodology
Type
Part III: Essays on the Boundaries of the Battlefield
Information
Yearbook of International Humanitarian Law , Volume 16 , December 2013 , pp. 251 - 266
Copyright
Copyright © T.M.C. Asser Instituut and the Authors 2013 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)