ABSTRACT

To look at recent contributions to the debate about the relationship between international humanitarian law (IHL) and human rights law (HRsL), one would think that the solution to the problem is easy. The difficulty is that each author uses the same words with a different meaning and/or applies them differently. The relationship between IHL and HRsL is but one example of a much wider problem. This chapter seeks to identify some of the questions that need to be addressed before attempting to provide an answer to the specific question of the relationship between IHL and HRsL. Consideration will first be given to a range of horizontal collisions of areas of law before identifying possible different general approaches. The specific problem of the relationship between IHL and HRsL will then be discussed. Finally, the questions raised by attempting to apply one of the approaches to this specific relationship will be discussed.