ABSTRACT
To speak of the humanization of humanitarian law or the law of war is thus in many ways a contradiction in terms. In addressing conflict with humanitarian law concepts, human rights law has largely deferred to humanitarian law. This chapter begins with discussing the contradictions inherent in the humanization of the law of war. It presents overview of recent developments and traces the evolution of the law from an interstate to an individual-rights perspective, with special attention to reciprocity and reprisals, followed by consideration of the inalienability of rights. The chapter examines the evolution of thresholds of applicability of humanitarian law and the influence of human rights on crimes against humanity. It addresses the relationship between human rights and humanitarian law, their growing convergence and application, and the gaps that persist. The chapter concludes with a discussion of the limitations of these laws and an outline of suggestions for possible future development.
