Elective affinities? Human rights and humanitarian law
30-09-2008 Article, International Review of the Red Cross, No. 871, by Cordula Droege
Complementarity and mutual influence inform the interaction between international humanitarian law and international human rights law in most cases. In some cases when there is contradiction between the two bodies of law, the more specific norm takes precedence ("lex specialis"). The author analyses the question of in which situations either body of law is more specific. She also considers the procedural dimension of this interplay, in particular concerning the rules governing investigations into alleged violations, court access for alleged victims and reparations for wrongdoing.
Cordula Droege is legal adviser, Legal Division, International Committee of the Red Cross.