The inter-American court of human rights and international humanitarian law
Research handbook on human rights and humanitarian law
Cheltenham ; Northampton : E. Elgar, 2013
In order to cast light on the relationship between the American convention on human rights as interpreted by the inter-American court of human rights and humanitarian rules, this chapter looks at and comments different cases where these latter were invoked and used. The position of the Court has evolved from the Las Palmeras v. Colombia case (2000) to the more recent, Prison Miguel Castro Castro v. Péru (2006). In the former, the Court strongly refused to condemn Colombia for the breach of international humanitarian law and international criminal law. From the mid-2000s, precise and numerous references to the Geneva Conventions, their Protocols or customary law are so frequent that one can ask the question whether the differences between international law of human rights and humanitarian law exist.