The interrelation of the law of occupation and economic, social and cultural rights: the examples of food, health and property
30-09-2008 Article, International Review of the Red Cross, No. 871, by Sylvain Vité
The current legal regime relative to occupation is no longer based solely on customary law and treaty-based law as set forth in the law of The Hague and the law of Geneva. The article explores how this regime has undergone a thorough change with the progressive recognition of the applicability of human rights law to the situations that it governs. The author examines the interrelation of international humanitarian law and human rights at the level of their individual rules, and considers whether the rules of international humanitarian law are confirmed, complemented, relativized or even contradicted by those deriving from human rights.