Chapter VIII. Concurrent Application of International Humanitarian Law and Human Rights Law: a Victim Perspective

The current, renewed interest in the subject of the relationship between international humanitarian law (IHL) and human rights law (HRL) appears to be inspired by the judicial review of military action in a number of cases, both domestic and international, on the basis of human rights law. This chapter argues that this trend is largely due to victims? search for a forum in order to obtain remedies for violations of their rights during armed conflict. The structure of the chapter is informed by the main differences between both branches of international law, namely their historic origin, their judicial enforcement and their scope of application. It then looks at the concurrent application of international humanitarian law and human rights law in practice. It also argues that the concurrent application of both branches of international law requires that, in relevant cases, they be interpreted in the light of each other. Keywords: armed conflict; concurrent application; human rights law (HRL); international humanitarian law (IHL); international law; judicial enforcement; military action; victim