Theories on the relationship between international humanitarian law and human rights law
Research handbook on human rights and humanitarian law
Cheltenham ; Northampton : E. Elgar, 2013
This chapter reviews the different dominating theories on the relationship between international humanitarian law and human rights law. The first one is the separation theory according to which there is a clear separation between the law of peace and the law of war. Depending on the state of international relations, either the corpus juris of the law of peace of that of the law of war is applied. The second theory is the complementary theory: When examining which duties are incumbent on a State in times of armed conflict, it is not possible to avoid taking international human right law into consideration. Even if one accepts that both branches have different roots and approaches as well as functions they can complete each other on specific points. The third one is the integration theory best represented by the Convention on the Rights of the Child, a human rights treaty normally applicable in peacetime but containing provisions that are not only applicable in armed conflict, but are also enshrined in the law regulating armed conflicts.