Human Rights in Wartime: A Framework for Analysis

Abstract

Until not long ago the relationship between international human rights law and international humanitarian law was understood on the basis of the classic distinction between the law of war and the law of peace: international humanitarian law (or the laws of war or jus in bello ) applies only in wartime, international human rights law in peacetime. It is a view that continues to enjoy some support today, with some arguing that the practice of states has not fundamentally departed from it.