Conventional International Humanitarian Law as lex specialis vis-à-vis International Human Rights Law in the Context of Hostilities: Interpretation Through the Case Law of the Inter-American System
Synopsis
Although, throughout history, armed conflicts have been governed as lex specialis by the specific norms of international humanitarian law, it is also a reality that human rights protection systems have had to interact with those norms to address human rights violations and determine state responsibility in the context of armed conflict For it is well known that both legal bodies seek to protect human dignity; although International Human Rights Law is not lex specialis, it has developed an interpretive approach to fulfill its mandate, thereby filling jurisdictional gaps that do not exist within the sphere of humanitarian norms. Such convergences and tensions between branches of public international law are harmonized through the new international law applied to armed conflicts, delimiting conflicting norms through the interpretation of IHL as lex specialis in jurisprudential development.
Volume
Pages
Published
Series
Categories
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
