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Some Reflections On The Convergence Of Human Rights Law And International Humanitarian Law

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Chapter Summary

Human rights law and international humanitarian law are both parts of international law. The treatment of the principle of humanity in Protocols I and II to the Geneva Conventions for the protection of victims of war contributed to the convergence of the two corpora of law and indicated new opportunities for applying the convergent method to advance international humanitarian law. The High Contracting Parties highlighted three important segments of the relationship between human rights law and international humanitarian law. First, the principles in Common Article 3 of the 1949 Geneva Conventions are "the foundation of respect for the human person". Second, &t;international instruments relating to human rights offer a basic protection to the human person&t; and, third, that &t;in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience&t;.

Keywords: Geneva Conventions; Human Rights Law; international humanitarian law; victims of war



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