THE CONTRARIETIES OF INTERACTION, HUMAN RIGHTS, INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL LAW

Abstract

The classic study of the norms of International Human Rights Law1 and International Humanitarian Law, focuses on a double distinction between the aforementioned branches, namely: on their different occasions of application and, as a consequence, on the diversity of their norms. Human Rights are often not only in agreement with those of Humanitarian Law, but also complement them, and the reciprocal is also true. Thus, it is noted that the aforementioned branches of International Law, have a common purpose, namely: to guarantee a minimum level of humanity4 to individuals, whether in everyday life in society or in the event of armed conflict.The present study will be based on the thesis of the convergence between IHRL and IHL through an analysis of the theoretical and jurisprudential evolution in the matter, ending with an evaluation of the advantages and disadvantages of the joint application of these branches of Law.For such an undertaking, it was decided to use the jurisprudential development of the Inter-American System for the Protection of Human Rights, in the matter as a theoretical framework, for two reasons, namely: the focus dedicated to the convergence of the protective branches of the human person by the inter-American bodies and the evolutionary tendency of their decisions.