The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body

Abstract

AbstractThe debate about the simultaneous applicability of international humanitarian law and human rights law also affects human rights treaty bodies. The article first considers the difficulty for a human rights body in determining whether international humanitarian law is applicable; second, it examines the problems in practice in applying thelex specialisdoctrine and the question of derogation in this particular context. The author finally outlines the impact of the debate as to the extent of extraterritorial applicability of human rights law.: : : : : : :