ABSTRACT

Traditionally, International Humanitarian Law and International Human Rights Law were regarded as two distinct branches of law with distinct modes of application. International Human Rights Law was considered to be generally applicable during peace times whilst International Humanitarian Law was believed to be the applicable law during times of conflict. While human rights law is primarily concerned with the way a State treats those within its territory, humanitarian law regulates the conduct of parties during armed conflicts so as to diminish the effect of warfare.1 Other distinctions between human rights and humanitarian law include the scope of beneficiaries, the range of rights protected, subjects of obligations, the institutions competent to determine violations, the period of application, the locus of application, and the source of obligations.2