Chapter

Are IHL and HRL still two distinct branches of public international law?

Vaios Koutroulis

Research handbook on human rights and humanitarian law : further reflections and perspectives

Cheltenham : E. Elgar, 2022

p. 29-56

English

Whether international humanitarian law and human rights law remain two distinct branches of international law or not has been the subject of much discussion. Instead of revisiting this debate, this chapter addresses the following question: why does it matter whether IHL and HRL are still two distinct branches of public international law or not?' The chapter first looks at this question from a theoretical perspective, establishing that the relevant debate is rather academic. In absence of a concrete added value at a theoretical level, the chapter then examines the practice of States, more specifically, the argumentation they invoke. Based on the observations sent by several States to the Human Rights Committee during the elaboration of the general comments on articles 6 and 9 of the ICCPR, we identify the extent to which States refer to the distinction between IHL and HRL and the legal consequences they attach to it

• Research handbook on human rights and humanitarian law : further reflections and perspectives / Edited by Robert Kolb, Gloria Gaggioli and Pavle Kilibarda