In the second installment of our Transatlantic Dialogue Series, Professor Joanna Harrington discusses the interplay between International Humanitarian Law and International Human Rights Law. Ms. Harrington is a Professor of Law at the University of Alberta, where she specializes in international law, constitutional law, and comparative public law. The views expressed in this article are the author's own and do not necessarily reflect those of the ICRC or the other blogs taking part in this series.
Here's a taste:
Complexities remain with respect to the interaction between the fields of international human rights law (IHRL) and international humanitarian law (IHL) in situations of armed conflict. Focusing on the human rights side of this interplay, there are questions about which human rights obligations apply, to what extent, and to whom, as well as questions about the role for international human rights monitoring bodies. Should the human rights bodies, for example, see their role as one of shaping the contours of IHL?
The words “human rights body” can easily be misread as if to treat all human rights bodies as being the same, with the same functions, and with the same effect or influence by virtue of being a “human rights body”. Included within this term are courts and commissions, committees and working groups, but from a Canada/U.S. perspective, there is interest in those human rights bodies that are not courts, since both countries cannot be subject to the European Court system, and nor have they accepted the jurisdiction of the Inter-American Court of Human Rights.
Read her full post on Lawfare.
Other posts in this series:
- Introduction to the 3rd Annual Transatlantic Workshop on International Law and Armed Conflict
- Direct participation in hostilities: what are the issues and where are the controversies? - Professor Marco Sassoli, University of Geneva
- Application of IHL by National Courts - Dr Lawrence Hill‐Cawthorne, University of Oxford, September 15 on EJIL:Talk!
- The Development of International Humanitarian Law by International Criminal Courts and Tribunals - Professor Sandesh Sivakumaran, University of Nottingham, September 17 on Intercross
- Application of IHL by National Courts - Professor Jeff Kahn, Southern Methodist University, September 22 on Lawfare
- Humanitarian Relief Operations: Professor Dapo Akande, University of Oxford & Emanuela Gillard, United Nations, September 24 on EJIL:Talk!