The quest for a non-conflictual coexistence of international human rights law and humanitarian law : which role for the lex specialis principle ?
Jean d' Aspremont
Research handbook on human rights and humanitarian law
Cheltenham ; Northampton : E. Elgar, 2013
This chapter seeks to appraise the tools to which international lawyers and judges have resorted to alleviate the frictions between international humanitarian law (IHL) and human rights law (HRL). After making the argument that the relationship between IHL and HRL should not be seen in terms of conflict but rather in terms of competition, the chapter provides some critical views on the principle lex specialis non derogat generali, which is so commonly used by international lawyers and judges when confronted with possible frictions between IHL and HRL and then revaluates its relevance in situations of competition of rules short of any real conflict.