Targeting members of non-state armed groups in NIACs : an attempt to reconcile international human rights law with IHL's (de facto) status-based targeting
Nader I. Diab
International humanitarian law and non-state actors : debates, law and practice
The Hague : Asser Press, 2020
Bibliography : p. 346-349
This chapter explores the relationship between international human rights law and international humanitarian law in the targeting of members of armed groups in non-international armed conflicts. It attempts to flesh out point of convergence between these two branches concerning their respective frameworks on the use of lethal force against persons. In this regard, the chapter analyzes the role played by 'conduct' and 'function' in determining the lawfulness of the use of lethal force in both legal regimes and demonstrates that these are not as far apart on this issue as is generally believed. Hence, by applying the principle of systemic integration, it attempts to use these points of convergence to find a space in human rights law for a quasi-regime of status-based targeting of members of armed groups in non-international armed conflicts. The chapter nonetheless cautions against any exercise of interpretation that overstretches and distorts international human rights law or international humanitarian law. It thus highlights the limits in some circumstances of incorporating the abovementioned status-based regime, as well as guarding against attempts to align both branches to the detriment of their object and purpose.