The Utility and Limits of International Human Rights Law and International Humanitarian Law’s Parallel Applicability

Review of International Law and Politics, Vol. 5, No. 20, pp. 129-151, 2009

20 Pages Posted: 23 Jan 2010 Last revised: 3 Feb 2010

See all articles by Konstantinos Mastorodimos

Konstantinos Mastorodimos

University of London - Queen Mary - Department of Law

Date Written: January 21, 2010

Abstract

The topic of the parallel applicability of International Human Rights Law and International Humanitarian Law has created a lively debate. The present article does not deal with the question of whether these two bodies of law apply at the same time. It rather takes this dominant position as granted and, instead, focuses on the humanitarian impact of their concurrent application, based on the weaknesses of these two legal regimes. However, even when they co-apply, some potential lacunas still remain which impede the protection of all human beings. Consequently it becomes fairly clear that humanitarian and human rights law should evolve in order to address these problems and the last part of this article suggests some possible means in this regard.

Keywords: humanitarian law, human rights law, parallel applicability

Suggested Citation

Mastorodimos, Konstantinos, The Utility and Limits of International Human Rights Law and International Humanitarian Law’s Parallel Applicability (January 21, 2010). Review of International Law and Politics, Vol. 5, No. 20, pp. 129-151, 2009. Available at SSRN: https://ssrn.com/abstract=1539986

Konstantinos Mastorodimos (Contact Author)

University of London - Queen Mary - Department of Law ( email )

Mile End Road
Mile End
London, E1 4NS
United Kingdom

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