A Comparative Study on the Application of International Human Rights Law and International Humanitarian Law in Armed Conflicts

— Summary of the 2024 China-Europe Seminar on Human Rights

LU Yu

Abstract: The Russia-Ukraine conflict remains unresolved, while the armed conflict between Israel and Palestine continues to escalate, causing significant civilian casualties. To better protect the victims of war in armed conflicts, clarifying the applicability of international human rights law (IHRL) and international humanitarian law (IHL) in such contexts has become an urgent issue. A comparative study on the application of IHRL and IHL needs to address three key questions step by step: First, whether IHRL is applicable during armed conflicts; second, if applicable, how IHRL complements and interacts with IHL; and third, what methods should be adopted to resolve conflicts when IHRL and IHL are applied concurrently. In this context, an analysis of the historical development of IHRL and IHL reveals that the two share a common philosophical foundation, and thus they can be applied concurrently during armed conflicts. From an empirical perspective, IHRL engages with IHL through two approaches: interpreting IHL provisions and directly applying IHRL to armed conflicts, thereby fostering interactive development between the two. In cases where normative conflicts arise between IHRL and IHL, such as in the rules on the use of force and internment procedures, the principles of systemic integration and lex specialis can reconcile these conflicts during the application process.