PHAP Online Learning Series on Humanitarian Law and Policy – International humanitarian law and human rights law in armed conflict

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International law plays a central role in the protection of civilians in armed conflict, and both international humanitarian law (IHL) and international human rights law (IHRL) establish important principles and rules. This session will provide an introduction to the application of IHL and IHRL to situations of armed conflict, looking at fundamental issues including the circumstances in which IHRL applies, who has rights and obligations under IHRL, derogation from treaty obligations, the question of co-application, and the extraterritorial application of human rights. The session aims to provide participants with the basic knowledge necessary to follow upcoming learning sessions focusing on current humanitarian crises.

In particular, the session will address the following questions:

• Under what circumstances does IHRL apply? How does this differ from the applicability of IHL?
• Who has rights under IHL and IHRL? Who has obligations under IHL and IHRL? Who can bring a claim for violations of IHL and IHRL? Who may be held liable for violations of IHL and IHRL?
• What is derogation from treaty obligations, and under what circumstances may it be invoked?
• Do human rights obligations apply outside the territory of a state - in other words, is there extraterritorial applicability of IHRL?
• If IHL and IHRL both address the same type of situations – for instance, detention or the use of lethal force – how are such norm conflicts resolved? What is the lex specialis principle that is often cited in this context?
• What are the practical consequences of the current debates concerning the relationship between IHL and IHRL, in particular the legal and operational issues resulting from co-application of the two frameworks?

Learning objectives

• Basic understanding of the main similarities and differences between the two legal frameworks, including the circumstances under which each applies, their jurisdictional scope, and their substantive provisions.
• Familiarity with the varied (and sometimes directly contradictory) positions adopted by states in regards to the relationship between IHL and IHRL.
• Awareness of the normative relationship between IHL and IHRL and the application of the often-cited lex specialis principle to this interaction.
• Familiarity with the debate concerning the extraterritorial application of IHRL during armed conflict.
• Appreciation of the practical consequences of the different perspectives concerning the engagement between IHL and IHRL.

Recommended reading

For participants wishing to prepare in advance for the event, we recommend the following sources:

• Geneva Academy of International Humanitarian Law and Human Rights, Rule of Law in Armed Conflicts Project (RULAC), “Interaction Between Humanitarian Law and Human Rights in Armed Conflict”
• Series of blog posts stemming from ICRC’s 2014 workshop “Transnational Dialogue on IHL and IHRL” (2014)

Event time

Tuesday, 22 September 2015

To see when the live session will take place in your time zone, click here

Event access

This event is targeted to members of PHAP but is open to the public. In order to join the event, please register in advance at phap.org/OLS-HLP-8/register

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Prerequisite knowledge

Recommended sessions:

1. Introduction to IHL and its relevance for humanitarian actors

3. The Fundamental Principles of IHL Regulating Hostilities: military necessity, distinction, and proportionality

4. Qualification of Armed Conflict and Determining the Applicable Law

Assessment

PHAP members will have the possibility to undergo a two-part assessment after the session as part of the PHAP Continuous Learning Credits framework.

Part 1: Comprehension check

Part 2: Written reflection

To encourage peer learning among members, selected essay responses will also be published on the website, if approved by the writer. As a member, you can comment on the responses and read other members' comments.

Read the written reflections

Speaker

Event host

Elizabeth Holland
Consulting Expert on International Humanitarian Law, International Association of Professionals in Humanitarian Assistance and Protection (PHAP)