Volume 12 : 1
Introduction
Human Rights in Armed Conflict: Metaphors, Maxims, and the Move to Interoperability
Concurrent Application of International Humanitarian Law and International Human Rights Law Revisited
The Interplay between International Human Rights Law and International Humanitarian Law during International Criminal Trials
A Green Light Turning Red? The Potential Influence of Human Rights on Developing Customary Legal Protection Against Conflict-Driven Displacement
Soft Law Instruments Regulating Armed Conflict. Are International Human Rights Standards Reflected?
What Does the Jurisdictional Hurdle under International Human Rights Law Mean for the Relationship between International Human Rights Law and International Humanitarian Law?
‘Yes, I Do’: Binding Armed Non-State Actors to IHL and Human Rights Norms through Their Consent
Introduction
Human Rights in Armed Conflict: Metaphors, Maxims, and the Move to Interoperability
Concurrent Application of International Humanitarian Law and International Human Rights Law Revisited
The Interplay between International Human Rights Law and International Humanitarian Law during International Criminal Trials
A Green Light Turning Red? The Potential Influence of Human Rights on Developing Customary Legal Protection Against Conflict-Driven Displacement
Soft Law Instruments Regulating Armed Conflict. Are International Human Rights Standards Reflected?
What Does the Jurisdictional Hurdle under International Human Rights Law Mean for the Relationship between International Human Rights Law and International Humanitarian Law?
‘Yes, I Do’: Binding Armed Non-State Actors to IHL and Human Rights Norms through Their Consent
Year
2018
Volume
12
Number
1
Page
44
Language
English
Court
Reference
R. BARTELS, “The Interplay between International Human Rights Law and International Humanitarian Law during International Criminal Trials”, HRILD 2018, nr. 1, 44-61
Recapitulation
The protection regimes of international human rights law (IHRL) and international humanitarian law (IHL) partially overlap. Certain unwanted conduct may therefore violate both human rights norms, which – subject to derogation – apply at all times, as well as humanitarian law rules, which only apply during armed conflicts. For the purposes of international criminal law (ICL), such conduct may therefore qualify as both a crime against humanity and a war crime, which are systematic or widespread violations of specific human rights and serious violations of IHL, respectively. The present contribution discusses the interplay between the crimes against humanity and war crimes regimes, including the impact of the existence of an armed conflict on the status of alleged victims of crimes against humanity. It further highlights the risk that certain acts that form part of military operations in times of armed conflict may be qualified as crimes against humanity even though they are not contrary to IHL. The author concludes that crimes against humanity and war crimes have to be considered with care, and kept separate when necessary, in order to avoid any negative impact on the development of IHL and/or IHRL, and to safeguard the rights of the accused under ICL.
