Evaluate the relationship between International Humanitarian Law and Human Rights Law. What are the situations in which they are applicable?

International Humanitarian Law (IHL) and Human Rights Law are distinct but complementary branches of international law. Both aim to protect individuals, though they operate in different contexts and with different focuses.

Relationship between IHL and Human Rights Law

1. Scope and Application:

   • IHL: Also known as the law of armed conflict, IHL specifically applies during times of armed conflict, whether international or non-international. Its primary objective is to limit the effects of armed conflict by protecting those who are not participating in hostilities and by regulating the means and methods of warfare.
   • Human Rights Law: Applies at all times, in both peace and war. It is broader in scope, encompassing a wide range of civil, political, economic, social, and cultural rights.

2. Principles and Norms:

   • IHL: Focuses on principles like distinction, proportionality, and necessity to protect civilians and those hors de combat (out of the fight). Key instruments include the Geneva Conventions and their Additional Protocols.
   • Human Rights Law: Centers on the inherent dignity and equal and inalienable rights of all human beings. Key instruments include the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

3. Complementarity:

   • During armed conflict, both IHL and Human Rights Law can apply simultaneously. For example, the right to life, as protected under human rights law, is complemented by IHL’s rules on the conduct of hostilities, which aim to prevent arbitrary loss of life.
   • IHL can be seen as a lex specialis (special law) in the context of armed conflict, meaning it provides specific guidance that complements the general principles of human rights law.

Situations of Applicability

1. Armed Conflict:

   • IHL: Fully applies. It provides detailed rules on the protection of civilians, the treatment of prisoners of war, and the conduct of hostilities.
   • Human Rights Law: Continues to apply, but certain rights may be derogated (temporarily suspended) under specific circumstances, such as during a state of emergency. However, non-derogable rights (e.g., the right to life, prohibition of torture) remain applicable.

2. Peacetime:

   • IHL: Does not apply.
   • Human Rights Law: Fully applies, governing the relationship between individuals and the state, and ensuring the protection of fundamental freedoms and rights.

Integration and Enforcement

• International Bodies: Both IHL and human rights law are monitored and enforced by various international bodies. The International Committee of the Red Cross (ICRC) oversees IHL compliance, while bodies like the United Nations Human Rights Council and regional human rights courts monitor human rights law.
• Overlap in Enforcement: Violations of IHL may also constitute violations of human rights law. For instance, war crimes (under IHL) often overlap with serious human rights violations.

Conclusion

The relationship between IHL and Human Rights Law is characterized by their mutual aim to protect human dignity, albeit in different contexts. While IHL is tailored to the specificities of armed conflict, Human Rights Law provides a broader framework for protecting individual rights at all times. Together, they form a comprehensive system for safeguarding human rights and mitigating the impacts of armed conflict.