The limitations of legal reasoning : negotiating the relationships between international humanitarian law and human rights law in detention situations
Detention of non-state actors engaged in hostilities : the future law
Leiden ; Boston : Brill Nijhoff, 2016
Bibliographie : p. 60-64
Focusing on the specific context of detention of non-state actors in non-international armed conflicts (NIACs), this chapter evaluates some of the legal concepts and principles currently used as theoretical tools to navigate the relationship (or interoperability) between international humanitarian law (IHL) and international human rights law (IHRL). First, it discusses some of the dominant metaphors in international law scholarship in characterising the relationship between the two bodies of law, and elaborates on the idea of "interoperability". It then discusses some of the key legal principles and concepts, including the lex specialis principle ; the "complementary theory" ; rules regarding derogations from human rights treaties ; and general rules of treaty interpretation, focusing in particular on the principle of systemic interpretation in article 31(3)(c) of the Vienna Convention on the Law of Treaties, which, according to the author, is perhaps the best framework for merging the international legal systems in a coherent manner.