ABSTRACT

The traditional ambit of international law has been conflict between sovereign states. Increased recognition of the international repercussions of internal strife in states, combined with the growth in the acceptance of international human rights norms has led to, at least, minimum regulation of intra-state behaviour in violent situations in international law. Such regulation finds its genesis in two strands of international lawÐhumanitarian law and human rights lawÐwhich, although different in historical and doctrinal origin, find their basis in a common concept of humanity and exhibit a parallelism in terms of norms such as the prohibition of torture and cruel, inhumane or degrading punishment which they prescribe. These two strands, theoretically, present a continuum of norms which can be drawn upon to secure the protection of human rights in all situations.