Chapter

The laws of war and human rights : differences and convergences

Asbjorn Eide

Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet

Genève : CICR ; La Haye : Nijhoff, 1984

p. 675-697

English

Building on the work of Jean Pictet, this article evaluates the relationship between IHL and human rights laws. The author considers three main questions. First, notwithstanding the differences in the origin of the two sets of law, has there been a convergence in conceptualisation and in the field of application between them? The author notes that the scope of both areas of law has expanded over time such that they overlap in certain areas. Second, what are the important lacunae that remain to be filled with regard to the substantive body of both sets of law? On this point, the author argues that greater precision is needed in both areas of law concerning combat law, and the means and method of force used in both non-international armed conflict and internal disturbances. Third, to what extent do the machineries for supervision and control differ between the two sets of law? The author argues that there are marked differences in the systems of international supervision and “control” of State performance under both areas of law. The author concludes that a challenge for the future will be to better clarify the optimal harmonisation between these systems. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

• Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet / Christophe Swina