“The Implementation of International Humanitarian Law by Human Rights Courts: The Example of the Inter-American Human Rights System”

BUIS, EMILIANO JERÓNIMO

International Humanitarian Law and Human Rights Law: Towards a New Merger in International Law

Martinus Nijhoff Publishers

Lugar: Leiden & Boston ; Año: 2008; p. 269 - 293

In this chapter I will intend to review the relationship between IHL and HRL and to distinguish it from the least unstable opposition between applicable law and competent forum. By briefly examining the verbs and related vocabulary quoted by the regional Commission and Court–in order to shed some light on the expressions denoting the ways in which IHL and HRL are supposed to intermingle–I seek here to demonstrate how and to which extent regional mechanisms to protect human rights are (or are not) legally able in their praxis to make direct recourse to a set of rules–exclusively applicable in times of armed conflicts–that is not explicitly available in their own framework of competence.