The Law of Internal Armed Conflict

By Lindsay Moir | Go to book overview

5
Human rights during internal
armed conflict

Having examined the humanitarian law governing internal armed conflicts, it remains to consider what alternative or additional protection can be afforded to civilians through international human rights law. A detailed account of the origin and development of human rights is clearly outside the ambit of this book. For present purposes it will suffice to note that human rights essentially became an issue of international concern only after the atrocities of the Second World War.1


Human rights and humanitarian law

There is undoubtedly a close relationship between humanitarian law and human rights law.2 Both are applicable during internal armed conflict – humanitarian law through specific provisions to that effect and

____________________
1
For an exposition of the development of human rights theories see, for example, Jerome J. Shestack, 'The Jurisprudence of Human Rights' in Theodor Meron (ed.), Human Rights in International Law: Legal and Policy Issues (Oxford, 1984), vol. I, 69; Gerald I. A. D. Draper, 'Humanitarian Law and Human Rights' (1979) Acta Juridica 193 at 196–199; Hersch Lauterpacht, International Law and Human Rights (London, 1950), 73–141; Moses Moskowitz, Human Rights and World Order (New York, 1958), 13–21; Imre Szabo, 'Historical Foundations of Human Rights and Subsequent Developments' in Karel Vasak (ed.), The International Dimensions of Human Rights (Westport, 1982), vol. I, 11; and Paul Sieghart, The International Law of Human Rights (Oxford, 1983), 3–23.
2
There has been extensive doctrinal discussion on the precise nature of the relationship, but academic opinion seems to have crystallised into the view that the two regimes are related, but distinct. See, for example, Jean S. Pictet, Humanitarian Law and the Protection of War Victims (Leiden, 1975), 14–15; Mario'n Mushkat, 'The Development of International Humanitarian Law and the Law of Human Rights' (1978) 21 German YBIL 150; Dietrich Schindler, 'Human Rights and Humanitarian Law: Interrelationship of the Laws' (1982) 31 American University LR 935; Yoram Dinstein, 'Human Rights in Armed Conflict: International Humanitarian Law' in Meron, Human Rights in International Law, vol. II, 345; Jacques Meurant, 'Humanitarian Law and Human Rights Law: Alike Yet Distinct' (1993) 293 Int Rev of the Red Cross 89; Draper, 'Humanitarian Law and Human Rights', 196–199; and A. H. Robertson, 'Humanitarian Law and Human Rights' in Christophe Swinarski (ed.), Studies and Essays on International Humanitarian Law and Red Cross Principles in Honour of Jean Pictet (Geneva, 1984), 793.

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