The relationship between international humanitarian and human rights law where it matters: admissible killing and internment of fighters in non-international armed conflicts
30-09-2008 Article, International Review of the Red Cross, No. 871, by Marco Sassòli and Laura M. Olson
The article explores the relationship between international humanitarian and human rights law during non-international armed conflict. It seeks to answer two questions: First, according to which branch of law may a member of an armed group be attacked and killed? Second, may a captured member of an armed force or group be detained similarly to a prisoner of war in international armed conflicts or as prescribed by human rights? Through application of the lex specialis principle, this article discusses possible answers to these questions.
Marco Sassòli is Professor of International Law at the University of Geneva and Associate Professor at the Universite¤ du Québec à Montréal, and chairs the boards of the Geneva Academy of International Humanitarian Law and Human Rights and of Geneva Call. Laura M. Olson, J.D., LL.M., is Visiting Scholar at the Center for Civil and Human Rights, Notre Dame Law School, and former ICRC Legal Advisor.