Human Rights Law and Humanitarian Law: Between Complementarity and Contradiction

Hesham Bin Dehaish
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Abstract

International human rights law and international humanitarian law are two specialized areas of public international law. They exist as two distinct branches of law. Each branch has a different legal basis and origin. However, they share humanitarian ideals, and thus some areas of overlap appear in practice. The two systems share the responsibility for protecting the rights of human beings: Humanitarian law in times of armed conflict, and human rights law in times of peace and times of war as well. Because of this, in practice, it happens that the standards of international human rights law and international humanitarian law are applied simultaneously. At the same time, there are differences between these two legal systems that arise from the different circumstances involved in a state of war and a state of peace. Consequently, several questions arise regarding this relationship: Are the two branches mutually exclusive? Under what circumstances is humanitarian law applied, and how does this differ from the application of human rights law? What are the areas of overlap? What are the practical consequences of the legal problems resulting from the parallel application of the two legal frameworks? This paper does not aim to answer all of these questions, but rather its goal is to contribute to the current debate by presenting the similarities between human rights law and humanitarian law, areas of overlap, and situations of common application. We will also focus on the differences in this relationship, especially the differences in the field of protection guaranteed by legal standards, responsibility for violating the standards, as well as the exceptions allowed in implementing the standards. In one part of the paper, the principle of private law is applied in cases where one of the two branches is more specific in a concrete situation.
人权法和人道主义法:互补与矛盾
国际人权法和国际人道主义法是国际公法的两个专门领域。它们是两个不同的法律分支。每个分支都有不同的法律依据和起源。然而,它们有着共同的人道主义理想,因此在实践中出现了一些重叠领域。这两个体系共同承担着保护人类权利的责任:武装冲突时期适用人道主义法,和平时期和战争时期也适用人权法。因此,在实践中,国际人权法和国际人道主义法的标准是同时适用的。与此同时,由于战争状态与和平状态所涉及的情况不同,这两种法律体系之间也存在差异。因此,这种关系产生了几个问题:这两个分支是否相互排斥?人道主义法在什么情况下适用,与人权法的适用有何不同?有哪些重叠领域?两个法律框架并行适用所产生的法律问题的实际后果是什么?本文无意回答所有这些问题,而是希望通过介绍人权法与人道主义法的相似之处、重叠领域以及共同适用的情况,为当前的辩论做出贡献。我们还将重点讨论这种关系中的不同之处,尤其是在法律标准所保障的保护领域、违反标准的责任以及在执行标准时允许的例外情况等方面的不同之处。在本文的一部分中,私法原则适用于两个分支中的一个分支在具体情况下更为具体的情况。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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