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Academic literature on the topic 'Relationship between IHRL and IHL'

Author: Grafiati
Published: 3 June 2025
Last updated: 31 July 2025

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Journal articles on the topic "Relationship between IHRL and IHL"

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Cassimatis, Anthony E. "International Humanitarian Law, International Human Rights Law, and Fragmentation of International Law." International and Comparative Law Quarterly 56, no. 3 (2007): 623–39. http://dx.doi.org/10.1093/iclq/lei185.

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International tribunals and legal scholars have been considering the relationship between International Humanitarian Law (‘IHL’) and International Human Rights Law (‘IHRL’) for a number of years.1 The International Court of Justice famously or infamously (depending on your perspective) considered their relationship in its Nuclear Weapons Advisory Opinion in 1996.2 The Court concluded that while IHRL did apply in times of armed conflict, when it came to the prohibition of arbitrarily taking human life in Article 6 of the International Covenant on Civil and Political Rights 1966, the content of
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Hill-Cawthorne, Lawrence. "The Role of Necessity in International Humanitarian and Human Rights Law." Israel Law Review 47, no. 2 (2013): 225–51. http://dx.doi.org/10.1017/s0021223713000265.

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The nature of armed conflict has changed dramatically in recent decades. In particular, it is increasingly the case that hostilities now occur alongside ‘everyday’ situations. This has led to a pressing need to determine when a ‘conduct of hostilities’ model (governed by international humanitarian law – IHL) applies and when a ‘law enforcement’ model (governed by international human rights law – IHRL) applies. This, in turn, raises the question of whether these two legal regimes are incompatible or whether they might be applied in parallel. It is on this question that the current article focus
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Cerna, Christina M. "The History of the Inter-American System's Jurisprudence as Regards Situations of Armed Conflict." Journal of International Humanitarian Legal Studies 2, no. 1 (2011): 3–52. http://dx.doi.org/10.1163/187815211x586160.

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AbstractFaced with insurgencies and situations of internal armed conflict in a number of Organization of American States (OAS) member states, some states called upon the Inter-American Commission on Human Rights (IACHR) to take into account the operations of irregular armed groups when assessing the situation of human rights in their countries. The IACHR responded that only assessment of state actions had been included within its mandate and that the OAS member states should amend the IACHR's Statute if they wished to expand its mandate. The OAS member states failed to do so. In 1996, the Inte
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Fowkes, James. "The Relationship between IHL and IHRL in Peacekeeping Operations: Articulating the Emerging AU Position." Journal of African Law 61, no. 1 (2017): 1–22. http://dx.doi.org/10.1017/s0021855317000067.

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AbstractModern peacekeeping is increasingly expansive, and much of it occurs in Africa. The African Union's attitude to the challenges of regulating this modern peacekeeping is therefore an important source for the associated legal debates, but one that is often neglected (in part because the sources are limited and often in draft form). This article seeks to articulate and then critique the AU's emerging view on the application of international humanitarian law and international human rights law to peacekeeping activity and the relationship between the two bodies of law in this context. It ar
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Petroniuk, Kristina. "Philosophy of correlation of international humanitarian law and international human rights law." Visegrad Journal on Human Rights, no. 3 (August 30, 2023): 91–95. http://dx.doi.org/10.61345/1339-7915.2023.3.13.

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The article is devoted to clarifying why in a given situation it is necessary to apply the rules of international humanitarian law, which has lex specialis in relation to international human rights law. At the same time, an important task of the work is to analyze the parallel application of these branches of international law. Thus, it is determined that while the IHRL is a universal branch in the protection of human rights, the norms of international humanitarian law are applied exclusively in moments of armed conflict, but in case of contradiction of some provisions to others, here we are a
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Abbott, Kirby. "A brief overview of legal interoperability challenges for NATO arising from the interrelationship between IHL and IHRL in light of the European Convention on Human Rights." International Review of the Red Cross 96, no. 893 (2014): 107–37. http://dx.doi.org/10.1017/s1816383115000338.

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AbstractThis article briefly overviews some of the current and future challenges to NATO legal interoperability arising from the relationship between international humanitarian law (IHL) and international human rights law generally and between IHL and the European Convention on Human Rights in particular.
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Frisso, Giovanna Maria. "The Duty to Investigate Violations of the Right to Life in Armed Conflicts in the Jurisprudence of the Inter-American Court of Human Rights." Israel Law Review 51, no. 2 (2018): 169–91. http://dx.doi.org/10.1017/s0021223718000055.

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This article explores how the Inter-American Court of Human Rights (the Court) has dealt with allegations of violations of the right to life during an armed conflict and, in particular, how it has dealt with allegations of violation of the obligation to investigate such allegations. The article notes that international humanitarian law (IHL) was initially used by the Court to strengthen the general obligations of states to protect the rights guaranteed by the American Convention on Human Rights (ACHR). Later IHL began informing the interpretation of specific rights. This change has been more s
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Shany, Yuval. "To Use AI or Not to Use AI? Autonomous Weapon Systems and Their Complicated Relationship with the Right to Life." Ljubljana Law Review 84, no. 1 (2024): 167–88. https://doi.org/10.51940/2024.1.167-188.

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The increased prevalence of AI technology developed or adapted for military use raises difficult questions about the compatibility of this new technology with international law in general, and international human rights law (IHRL) in particular. The Human Rights Committee, the expert body entrusted with monitoring the application of the International Covenant on Civil and Political Rights, expressed its view in 2018 on the relationship between the emergence of new military AI and respect for the right to life. The article reviews the terms of the IHRL debate surrounding the introduction of AI
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Onishi, Kosuke. "The relationship between international humanitarian law and asset freeze obligations under United Nations sanctions." International Review of the Red Cross 103, no. 916-917 (2021): 363–84. http://dx.doi.org/10.1017/s1816383121000539.

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AbstractWhile challenges may persist with respect to the relationship between counterterrorism (CT) and humanitarian action, it is at least understood that CT measures must comply with international humanitarian law (IHL). Clarifying the relationship between this body of law and CT measures is one of the modest but important innovations of United Nations (UN) Security Council Resolution 2462. At a minimum, references to IHL in this resolution leave a pathway for States to take measures to preserve impartial humanitarian action from the effects of CT, and at most, they prescribe that States sho
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Arevalo-Ramírez, Walter. "The International Court of Justice and the international humanitarian law rules for armed conflicts." Revista Científica General José María Córdova 20, no. 38 (2022): 425–42. http://dx.doi.org/10.21830/19006586.912.

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This article analyzes the undermined importance of the International Court of Justice’s (ICJ) case law in interpreting international humanitarian law (IHL) and its relationship with public international law. It examines how the ICJ has elevated IHL to customary law, declaring it “intransgressible” and equating it with jus cogens, and identified particular obligations for the parties in conflict. The article studies how the Court has clarified the relationships between customary IHL with the law of treaties and has declared which elements of IHL constitute the most basic principles of humanity,
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Books on the topic "Relationship between IHRL and IHL"

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Riedel, Eibe. Economic, Social, and Cultural Rights in Armed Conflict. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0018.

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This chapter examines the protection of economic, social, and cultural rights in armed conflict under international human rights law (IHRL) and international humanitarian law (IHL). It analyses the relationship between such human rights protection and IHL rules and suggests that, despite the differences in the scope of the applicability of these two bodies of law, they are intricately interwoven and have become more so in recent times. It also compares the implementation mechanisms of IHL and IHRL and shows that human rights procedures are more varied, comprehensive in scope, and potentially m
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Jinks, Derek. International Human Rights Law in Time of Armed Conflict. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0026.

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The Geneva Conventions of 1949 govern automatically warfare as well as international and non-international armed conflicts. The applicability of the ‘law of war’ was previously delimited by formal acts of state such as a declaration of war or a formal ‘recognition of belligerency’, a formalistic approach that was significantly revised by the Geneva Conventions. This chapter examines the relationship between IHL and international human rights law (IHRL). It first discusses the nature of the ‘armed conflict’ inquiry and considers IHL aslex specialisdisplacing or qualifying the application of IHR
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Keichiro, Okimoto. The Relationship between Jus Ad Bellum and Jus In Bello. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0057.

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This chapter discusses the relationship between jus ad bellum (international law regulating the resort to force) and jus in bello (law of armed conflict). It examines state practice, international decisions, and expert opinions to determine how the relationship has been addressed in practice. The chapter considers the question of whether jus in bello applies equally to the unlawful and lawful parties to an armed conflict before turning to the legal implications of the cumulative requirements of the law of self-defence and international humanitarian law (IHL) imposed on a use of force in self-d
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Rodenhäuser, Tilman. Part II: Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0009.

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‘Where are the good old days when everyone knew that human rights violations can only be committed by states against individuals?’1 Gone, replaced by a complex reality in which an exclusive focus on states as duty-bearers under international human rights law (IHRL) no longer provides an adequate model to address numerous human rights violations by non-state armed groups. Instead, states in United Nations (UN) organs or intergovernmental fora, as well as human rights experts, increasingly address demands to respect IHRL directly to armed groups. In order to conceptualize this development, this
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Gilbert, Jérémie. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795667.003.0001.

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The chapter explains the relationship between the issue of natural resources management and international human rights law (IHRL), and places it into context with regards to the book. It examines how the management of natural resources is linked to broad issues of economic development, peace, and security, as well as the political, economic, social, and cultural rights of individuals and communities. The introduction also establishes the analytical framework of the book by adopting a rights-based approach to natural resources management and its regulation, and how these activities related to t
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van Aaken, Anne, Iulia Motoc, and Johann Justus Vasel. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0001.

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There are many ways of looking at the relationship between international human rights law (IHRL) and general international law. One may look at the influence of IHRL on general international law, or at the reverse influence, using a method of tracing judgments and their influence on other international courts. One may also discuss the relationship under the heading of fragmentation, taking a broader, systemic, and institutional view. This introduction embeds the specified topics treated in the book which we deem exemplary, namely sources, interpretation, jurisdiction, state responsibility, and
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Kolb, Robert, and Katherine Del Mar. Treaties for Armed Conflict. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0004.

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This chapter begins with a discussion of the importance of treaties in the law of armed conflict. Specifically, it presents seven reasons why the law of armed conflict is one of the branches of public international law that has been the most intensely codified through treaties. It then discusses treaties and international customary law; the main treaties on international humanitarian law (IHL); problems of ratification of IHL treaties; reservations to IHL treaties; legal relationships between IHL treaties; interpretation of IHL treaties; special agreements; denunciation of IHL treaties; and th
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Hill-Cawthorne, Lawrence. Detention in Non-International Armed Conflict. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198749929.001.0001.

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Abstract This book explores the degree to which international law regulates the procedural aspects of security detention or ‘internment’ in non-international armed conflict. It is concerned with the rules governing the grounds on which individuals may be detained, the review procedures that must be provided to detainees, and when detainees must be released. Chapter one begins with an assessment of the distinction between international and non-international armed conflicts. The second and third chapters then consider the rules applicable to internment under international humanitarian law, looki
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Book chapters on the topic "Relationship between IHRL and IHL"

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Salgado-Robles, Francisco, and Angela George. "Chapter 1. Relationship between external factors and development of regional variation ( vosotros vs. ustedes ) by L2 learners of Spanish in Spain." In Study Abroad and the Second Language Acquisition of Sociolinguistic Variation in Spanish. John Benjamins Publishing Company, 2023. http://dx.doi.org/10.1075/ihll.37.01sal.

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This chapter focuses on the impact of three key programmatic features – program type, housing condition, and program length – on the development of a geographically variable feature, the second-person plural forms of address (i.e., vosotros/ustedes distinction) by second language learners of Spanish studying abroad in Madrid, Spain. Additionally, we compare the use of both vosotros and ustedes to a local Madrileño speaker baseline. To measure the use of vosotros and ustedes, the participants completed an oral discourse completion task. While the results of the study point to an increase in vos
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Collentine, Karina. "Chapter 10. Pragmatic competence in virtual environments." In Issues in Hispanic and Lusophone Linguistics. John Benjamins Publishing Company, 2024. http://dx.doi.org/10.1075/ihll.41.10col.

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Virtual environments (VE) can mimic the dimensions that native speakers take into account in authentic social interactions and are one of the instructional conditions that can promote pragmatic competence. I present the results of a study examining the relationship between self-regulated behaviors in a VE and gains in pragmatic competence. The VE was designed to promote knowledge of Spanish request parameters and employed consciousness-raising (CR) features. Third-year learners of Spanish (N = 24) explored the VE by approaching avatars and requesting various objects/favors to solve the task. S
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Denbaum de Restrepo, Nofiya. "Chapter 8. The role of language attitudes in the L2 acquisition of sociolinguistic variation." In Study Abroad and the Second Language Acquisition of Sociolinguistic Variation in Spanish. John Benjamins Publishing Company, 2023. http://dx.doi.org/10.1075/ihll.37.08den.

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Previous studies have examined second language learners’ attitudes toward various Spanish dialects. Nonetheless, few studies have used matched guise to assess implicit language attitudes with respect to morphosyntactic variables. The present study explores the relationship between language attitudes, social interaction, and selection of pre-verbal subjects in wh-questions with Spanish learners studying abroad in the Dominican Republic. Study abroad learners and a group of at-home students completed a written contextualized task examining subject position in wh-questions. Learners studying abro
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Marco, Sassòli. "17 International Humanitarian Law and International Human Rights Law." In The Oxford Guide to International Humanitarian Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198855309.003.0017.

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This chapter assesses the relationship between international human rights law (IHRL) and international humanitarian law (IHL). While IHRL, unlike IHL, was not founded specifically to protect people affected by armed conflicts, both branches of international law apply simultaneously during such conflicts. This raises the question of how they interrelate and also how possible contradictions between them can be resolved. Today, genuine armed conflicts are mainly not of an international character. In such situations, the relationship between IHL and IHRL is particularly controversial and difficult
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Hill-Cawthorne, Lawrence. "Detention and the Relationship between IHL and IHRL." In Detention in Non-International Armed Conflict. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198749929.003.0006.

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Abstract This chapter explores the fundamental question of how the relationship between international humanitarian law (IHL) and international human rights law (IHRL) in the context of detention is to be understood. It begins with a general discussion of the relationship between IHL and IHRL, offering an original perspective that is firmly grounded in general international law principles of treaty interpretation. This is then applied to the rules on detention, looking first at detention in international armed conflicts to consider the various interpretive possibilities open to us. It then move
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Corn, Geoffrey S. "Ratchet Down or Ramp Up?" In Between Crime and War. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/oso/9780197638798.003.0009.

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Abstract An especially perplexing issues in international legal regulation of non-international armed conflict is the relationship between international humanitarian law (IHL) and international human rights law (IHRL). While most experts and states now recognize the complementary applicability of these two branches of law, translating this complementarity to operational practice remains difficult. This is exacerbated by characterization of military operations against transnational non-state organized armed groups transnationally. The challenge is most significant regarding authority to employ
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Zyberi, Gentian, and Anna Andersson. "A European Perspective on the International Human Rights and Humanitarian Law Relationship in the Context of Multinational Military Operations." In The 'Legal Pluriverse' Surrounding Multinational Military Operations. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198842965.003.0007.

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This chapter analyses from a European perspective the complex relationship between international human rights law (IHRL) and international humanitarian law (IHL) in the context of multinational military operations. In construing a European perspective, the case law of the European Court of Human Rights (ECtHR) is given specific attention. Due attention is also paid to relevant documents by the Council of Europe (CoE), the EU, UN organs, the International Committee of the Red Cross (ICRC), as well as state practice. The chapter adopts an instrumental approach, inquiring whether the interaction
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Clapham, Andrew. "The Complex Relationship Between the Geneva Conventions and International Human Rights Law." In The 1949 Geneva Conventions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199675449.003.0035.

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Abstract This chapter explains the relationship between the 1949 Geneva Conventions and international human rights law (IHRL), relying in part on the multiple decisions of international bodies that have applied one, the other, or both branches of the law to a specific situation in a particular context. It first considers how certain relevant treaties explicitly deal with their relationship with the Geneva Conventions. Secondly, it explores how one set of human rights treaties have been interpreted in the light of the treaties from the other branch; thirdly, it tackles the perception that, in s
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"The Development of the Relationship between IHL and IHRL and the Role of the lex specialis Maxim." In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law. Brill | Nijhoff, 2013. http://dx.doi.org/10.1163/9789004245280_003.

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Cohen, Amichai, and David Zlotogorski. "A General Overview of Proportionality in IHL." In Proportionality in International Humanitarian Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197556726.003.0003.

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The third chapter is intended to provide the reader with basic knowledge regarding the principle of proportionality and its context in current IHL. The chapter begins with a description of how proportionality developed in contemporary IHL, from the Lieber Code of 1863 to the First Additional Protocol to the Geneva Conventions in 1977. It then analyzes whether the principle of proportionality is a general principle in IHL, that requires states to minimize harm to civilians, or, as some believe, a very specific obligation that applies in specific circumstances. The chapter then places the discus
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Reports on the topic "Relationship between IHRL and IHL"

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Lewis, Dustin, Naz Modirzadeh, and Jessics Burniske. The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law: Preliminary Considerations for States. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/qiaf4598.

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In developing international humanitarian law (IHL), States have aimed in part to lay down the primary normative and operational framework pertaining to principled humanitarian action in situations of armed conflict. The possibility that certain counterterrorism measures may be instituted in a manner that intentionally or unintentionally impedes such action has been recognized by an increasingly wide array of States and entities, including the United Nations Security Council and the U.N. Secretary-General. At least two aspects of the contemporary international discourse on intersections between
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