Convergence and conflicts of human rights and international humanitarian law in military operations
Pretoria : Pretoria University Law Press, 2014
In this chapter Michelle Lesh examines the convergence and conflicts of the normative frameworks of international humanitarian law (IHL) and international human rights law (IHRL) during the conduct of hostilities. She illustrates the complexities of the relationship between the two regimes by assessing the extent to which the right to life in IHRL come to play a role during military operations that are regulated by the rules on the conduct of hostilities under IHL. Central to her analysis is the role of the lex specialis doctrine as informed by the principles of military necessity and humanity.