HasanuddinLawReview
Volume 5 Issue 2, August 2019
P-ISSN: 2442-9880, E-ISSN: 2442-9899
Nationally Accredited Journal, Decree No. 32a/E/KPT/2017.
This work is available at: Microsoft Academic Search.
209
Reconciliation of Humanitarian Law and Human Rights
Law in Armed Conflict
Muhammad Ashri
Faculty of Law, Hasanuddin University, Indonesia.
E-mail: muhammad.ashri@unhas.ac.id
ARTICLE INFO ABSTRACT
Keywords:
Armed Conflict; Human
Rights; Humanitarian Law;
International Law
How to cite:
Ashri, M. (2019).
“Reconciliation of
Humanitarian Law and
Human Rights Law in
Armed Conflict”
Hasanuddin Law Review,
5(2): 209-219
DOI:
10.20956/halrev.v5i2.1348
A common insight on human rights law as an instrument that aimed
to protect the human dignity and values are often regarded to be
separate from international humanitarian law. In relation to the norms,
the difference between the two concepts related to the current conflict
arise many debates. This paper reviews the common thread of the two
international legal instruments. The connection between the two can be
elaborated by explaining the concept; similarities and dissimilarities;
and linking the basis for the establishment of legal instruments between
human rights law and international humanitarian law. The results of
research indicated that between international humanitarian law and
human rights law have relevant rules applied in conflict situations.
International humanitarian law as an instrument of international law
is specifically applied in situations of armed conflict, whereas human
rights law as a general instrument can be applied both in peace or
conflict conditions. In a condition of armed conflict, international
humanitarian law as a lex specialist is not widely interpreted to set
aside human rights law. Human rights law is applied if facts or
incidents exist in armed conflict that is contrary to human values.
Copyright © 2019 HALREV. All rights reserved.
1. Introduction
The relation of International Humanitarian Law (IHL) and International Human Rights
Law (IHRL) becomes an interesting topic to be studied, especially for academics,
governments, and activists of international organizations. Both international
humanitarian law and international human rights law strive to protect the lives, health
and dignity of individuals, albeit from a different angle.
1
The complexity of the problems
related to the topic becomes a debate when it is associated with the application of
1
ICRC. (2003). International Humanitarian Law and International Human Rights Law: Similarities and
differences. Advisory Service on International Humanitarian Law. Available online at:
https://www.icrc.org/en/doc/assets/files/other/ihl_and_ihrl.pdf