![]() ![]() The protections afforded by international human rights law, however, generally afford broader and more extensive levels of protection (e.g., in relation to abusive or arbitrary treatment by State authorities) and remain relevant in situations of armed conflict.Ī number of important conceptual differences exist between the two legal regimes. Often both legal regimes will apply simultaneously, governing such issues as the right to a fair trial, humane treatment in detention, and the prohibition against torture. That said, IHL and international human rights law still share "a common nucleus of non-derogable rights and a common purpose of protecting human life and dignity" ( Abella v. In contrast to international human rights law which permits derogation from some human rights during times of public emergency (see Module 7), including in situations of armed conflict where it continues to apply, IHL already represents the minimum standards which cannot be reduced further. IHL already reflects fundamental, non-negotiable, minimum human rights standards. (Especially helpful in the drafting of this section was Melzer, 2016). What is certain, however, is that these two bodies of law - IHL and human rights law - share basic and fundamental values. Although human rights law continues to apply in time of armed conflict, the modalities of this joint application of legal regimes remain unsettled. ![]() Where such a nexus cannot be established, normal peacetime criminal justice approaches apply. This requires that a nexus exists between particular activities or treatment and any ongoing conflict. the lex specialis, governing the conduct of hostilities and the protection of persons in situations of armed conflict. The starting premise is that in situations of armed conflict, IHL is the principal applicable legal regime, i.e. One final area to comment upon here is the relationship between IHL and international human rights law since this dichotomy permeates a number of other issues examined during this course, such as the right to life and deprivation of liberty during situations of armed conflict. Relationship between international humanitarian law and international human rights law ![]()
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