6.1. International Humanitarian Law and International Human Rights Law: Interplay and Collisions

Date to be confirmed

General Staff Building (6-8, Dvortsovaya sq.)

The International and Comparative Law Research Center is organizing a round-table 'International Humanitarian Law and International Human Rights Law: Interplay and Collisions'.

The purpose of the event is to discuss the complex relationship between IHL and IHRL, in particular, problems arising in situations of armed conflicts. This issue has repeatedly become the subject of examination in international courts, and the current practice, far from being harmonized, reveals challenges that attempts at their co-application may cause both to the integrity of these rules themselves and to institutions seeking to apply them to armed conflicts and in their aftermath. As such, the following questions may arise:

  • What is the relationship between IHL and IHRL? How should the relevant sets of rules be applied? How can conflicts arising from concurrent application of those rules be resolved?
  • If some IHRL instrument is still applied in an armed conflict, how does one establish the scope of states’ obligations (taking into account the fact that it is clearly impossible to observe all guarantees in a battlefield)? How rules of an IHRL instrument effective within the context of an armed conflict can still be applied, if its provisions contravene applicable IHL rules?
  • What features should a forum competent to apply IHL possess? In what way (and to what degree of detail) should the facts be established in order to apply IHL rules in a correct manner?

Panellists, who include legal authorities from amongst academics and practitioners, will offer their vision of approaches to, limits of, and hurdles in the way of resolving conflicts between the IHL and IHRL. They will discuss theoretical and practical issues of striking a balance between applicable rules of the two branches of law, and possibilities of their concurrent application.

* The Programme may be subject to change