The Role of International Human Rights Law in Improving the Law of Internal Armed Conflict

Abstract

Sometimes international humanitarian law (IHL) seems incompatible, if not contrary to internal war because rules designed for international conflict may not be applied straightforwardly to internal armed conflicts. To rectify this legal problem, international and regional tribunals have recently decided various cases concerning internal conflicts by applying international human rights law (IHRL). This implies that we should reconsider the role of human rights in improving the law of internal armed conflict. In some regions, including much of Europe, routine compliance with IHRL has been achieved. Parallel to this global trend, commentators such as the International Committee of the Red Cross (ICRC) are strongly advocating that human rights law have a role in filling gaps in the law concerning internal armed conflict.