Human rights law and international humanitarian law between 1945 and the aftermath of the Teheran Conference of 1968
Research handbook on human rights and humanitarian law
Cheltenham ; Northampton : E. Elgar, 2013
This chapter looks into the past and informs about the reasons why international humanitarian law (IHL) and international human rights law (IHRL) started with separatism and why they progressively converged. The two areas of law have undergone a profound technical, ideological and structural transformation since 1945 where hardly any branches of international law have undergone such changes. Essentially, IHL shifted at least partially from "military" law to "humanitarian" law (protection of victims). Conversely, IHRL shifted from an "aspiration-law", enmeshed in politics, into a fully-fledged branch of positive international law. The humanization of the law of armed conflict and the "positivation" of IRHL opened the way for a partial merger of the two areas of the law.