Philosophy of correlation of international humanitarian law and international human rights law

Abstract

The article is devoted to clarifying why in a given situation it is necessary to apply the rules of international humanitarian law, which has lex specialis in relation to international human rights law. At the same time, an important task of the work is to analyze the parallel application of these branches of international law. Thus, it is determined that while the IHRL is a universal branch in the protection of human rights, the norms of international humanitarian law are applied exclusively in moments of armed conflict, but in case of contradiction of some provisions to others, here we are already talking about the aforementioned lex specialis and the preemptive right to apply the norms of IHL. Thus, the main purpose of the article is the question of determining the correlation between IHL and IHRL in the context of protection of persons during armed conflict.
In the course of writing scientific work, I used the theoretical method in the form of analysis and synthesis, deduction and induction, as well as the historical method by which I was able to conduct a study of the chosen topic on a historical basis, and formally logical, which contributed to the implementation of research and the formation of conclusions based on a logical combination of theoretical material and practical aspects and, as a result, the formation of a single comprehensive conclusion on the questions that arose during the study of the topic I chose.
Results. Armed conflict is an important area that has a devastating impact on all spheres of life, and especially on human rights, because they are the most threatened during the conduct of hostilities.
This is what necessitates an in-depth analysis of the correlation between international humanitarian law and international human rights law.
Conclusions. The article provides an analysis of the impact of armed conflicts on the relationship between international humanitarian law and international human rights law. These two branches of international law seem complementary, but the IHRL is more universal and applicable at any time, while IHL takes place only in the presence of armed conflict. At the same time, it is important to apply the principle of lex specialis, which has international humanitarian law, if both IHL and IHRL apply.