The law of military occupation put to the test of human rights law
30-09-2008 Article, International Review of the Red Cross, No. 871, by Danio Campanelli
This article outlines the debate on the general relationship between the law of armed conflicts and human rights and examines particularly the applicability of human rights during military occupation. Complementarity and compatibility should be evaluated case by case, on the basis of the rules making up each of these regimes and any exceptions that these rules contain. The different interests and values at stake – the interests of the occupying forces and those of the civilian population, the protection of human rights and the derogations necessary to maintain order – reveal many grey areas that still exist in the interaction between human rights law and the law of military occupation.
Danio Campanelli is a researcher at the Faculty of Law of Geneva University and a Ph.D. candidate at the Graduate Institute of International and Development Studies, Geneva.