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
Date Written: January 21, 2010
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: Suggested Citation