ABSTRACT
This chapter explains the interface and areas of overlap between international humanitarian law and its human rights counterpart. The relationship between international humanitarian law and human rights law is explored by looking at the historical roots for each branch of international law and the degree to which they interact pursuant to developments in the post–World War II era up until the dawn of the twenty-first century and beyond. This includes looking at the extent to which human rights norms are incorporated into international humanitarian law. This analysis also reviews their scope of application concerning detention, the use of force, and the robustness of their respective accountability systems. The discussion also reviews the disagreements that have arisen in the post-9/11 period regarding the application of the two legal frameworks, including whether international humanitarian law as a lex specialis completely displaces the lex generalis of human rights law. Next, the conduct of law enforcement activities during armed conflict and the performance of the law enforcement role not only by police forces, but also by military units is explored. Situations favoring the application of human rights law during armed conflict are outlined. This includes discussing the importance of international human rights law being applied during operations in support of restoring a community to a situation of “normalcy” and stability. Ultimately the chapter establishes that both legal frameworks are integrally part of “the law in war.”
