International Humanitarian Law and International Human Rights Law: What Do They Have in Common, and How Do They Differ?
Both International Human Rights Law (IHRL) and International Humanitarian Law (IHL) form essential components of the international legal framework aimed at protecting human rights and human dignity. While both operate concurrently during armed conflicts, IHL is considered lex specialis — the more specific law — and therefore takes precedence over IHRL in matters directly governed by its provisions. This is because IHL was specifically developed to apply in situations of armed conflict.
What is International Human Rights Law?
In general terms, human rights are the rights inherent to every person simply by virtue of being human. These rights remain in effect at all times — in peace as well as during armed conflict. While certain rights may be limited or suspended under specific circumstances (for example, the right to freedom of assembly), fundamental rights, such as the right to life, can never be suspended.
How Does International Humanitarian Law Differ?
International Humanitarian Law applies exclusively during armed conflicts. It was specifically developed to protect victims of war and to regulate the means and methods of warfare. When there is a conflict between IHL and International Human Rights Law, IHL generally takes precedence in the context of armed conflict.
International Human Rights Law:
- Applies both in peacetime and during armed conflict
- Protects everyone
- Allows for certain derogations
- Regulates the relationship between the state and the individual
- The international human rights system emerged after World War II
International Humanitarian Law:
- Applies only during armed conflicts
- Protects those who do not participate, or no longer participate, in hostilities, as well as combatants
- Allows no derogations
- Regulates the conduct of all parties involved in armed conflict
- Its rules and customs of warfare have a long history
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