The Human Rights Council and the convergence of humanitarian law and human rights law
Counterinsurgency law : new directions in asymmetric warfare
Oxford [etc.] : Oxford University Press, 2013
This chapter's contribution lies in its analysis of the Human Rights Council's involvement in International Humanitarian Law (IHL) as a manifestation of the convergence of human rights law and IHL. It begins by examining the circumstances of the Council's creation and its recent forays into international humanitarian law (IHL). It then compares the treatment of IHL by the Council and by other human rights bodies. Unlike the Council, other human rights bodies facing similar challenges have not encroached so directly on the territory of IHL: they have generally been reluctant to address humanitarian law head-on, and have felt compelled to justify any interpretation of application of IHL. While being mindful of the growing convergence of IHL and human rights law, it is argued that the Council has neither the mandate nor the expertise necessary to act as enforcer of IHL. Finally, the consequences of the blurring of the IHL/Human rights divide by the Council is envisaged.