This chapter explores the underlying philosophies of international human rights law (IHRL) and international humanitarian law (IHL), to critically consider the limits to reconciliation of the two fields. Although there are significant crossovers between IHRL and IHL, there is a finite point where the two bodies cannot meet—namely, the role that the protection of human rights plays in the international architecture for peace and the concept of military necessity at the heart of IHL. Understanding this is important for ensuring that the two fields can be applied faithfully to their terms of protection and assists those seeking to establish peace to use all the tools available to them to the best effect. The protections under IHRL and IHL have proven time and again to be essential in armed conflict and understanding the difference between the two does not undermine that. Although IHL may not strive for peace, it does not apply in a vacuum. It is one tool in the toolbox that, used effectively together with others, might ultimately help in the mending of broken fissures.

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The Vanishing Point of Interpretation: Recognising the Limits to Reconciling the Concurrent Applications of International Human Rights Law and International Humanitarian Law

  • Sally Longworth

摘要

This chapter explores the underlying philosophies of international human rights law (IHRL) and international humanitarian law (IHL), to critically consider the limits to reconciliation of the two fields. Although there are significant crossovers between IHRL and IHL, there is a finite point where the two bodies cannot meet—namely, the role that the protection of human rights plays in the international architecture for peace and the concept of military necessity at the heart of IHL. Understanding this is important for ensuring that the two fields can be applied faithfully to their terms of protection and assists those seeking to establish peace to use all the tools available to them to the best effect. The protections under IHRL and IHL have proven time and again to be essential in armed conflict and understanding the difference between the two does not undermine that. Although IHL may not strive for peace, it does not apply in a vacuum. It is one tool in the toolbox that, used effectively together with others, might ultimately help in the mending of broken fissures.