The Interplay between International Human Rights Law and International Humanitarian Law During International Criminal Trials
Forthcoming in: Journal of Human Rights & International Legal Discourse (2018)
Amsterdam Law School Research Paper No. 2018-19
Amsterdam Center for International Law No. 2018-05
18 Pages Posted: 9 Jul 2018
Date Written: July 3, 2018
Abstract
The protection regimes of international human rights law (IHRL) and international humanitarian law (IHL) partially overlap. Certain unwanted conduct may therefore violate both human rights norms, which – subject to derogation – apply at all times, as well as humanitarian law rules, which only apply during armed conflicts. For the purposes of international criminal law (ICL), such conduct may therefore qualify as both a crime against humanity and a war crime, which are systematic or widespread violations of specific human rights and serious violations of IHL, respectively. The present contribution discusses the interplay between the crimes against humanity and war crimes regimes, including the impact of the existence of an armed conflict on the status of alleged victims of crimes against humanity. It further highlights the risk that certain acts that form part of military operations in times of armed conflict may be qualified as crimes against humanity even though they are not contrary to IHL. The author concludes that crimes against humanity and war crimes have to be considered with care, and kept separate when necessary, in order to avoid any negative impact on the development of IHL and/or IHRL, and to safeguard the rights of the accused under ICL.
Keywords: International humanitarian law, international human rights law, war crimes, crimes against humanity, international criminal law, International Criminal Tribunal for the former Yugoslavia, International Criminal Court
JEL Classification: K33
Suggested Citation: Suggested Citation
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- Readers: 14