A House with Two Rooms - The Advocates for Human Rights

535
Appendix B
The evolution of warfare and weaponry since the beginning of the twentieth century has resulted
in very high civilian casualty rates (heavily comprised of women, children, and elderly) and ever
increasing dangers to humanitarian workers in situations of armed conflict. 132 In recent years, the
increasing impact of war on vulnerable civilian populations and humanitarian workers has driven the
development of more detailed and concrete rules of warfare.
International Humanitarian Law (IHL), also known as the law of war or armed conflict, aims to
place restrictions on the conduct of hostilities (namely on the use of certain weaponry and means of
warfare), protect those who are not or who are no longer participating in the conflict (e.g., civilians,
prisoners of war, wounded and sick, and humanitarian workers, etc.), and confine the use of violence
to the achievement of the objectives of the conflict. 133 IHL’s goal is to “protect human dignity and
to limit suffering during times of war.” 134
The rules of IHL differ in content and application depending upon the type of conflict. First, the
most comprehensive IHL rules apply to situations of “international armed conflict” (i.e., conflicts
between states). 135 It is not surprising that the bulk of IHL applies to this type of conflict because
states can more easily sign and enforce agreements regulating the conduct of their wars. Second,
less extensive rules cover situations of “internal armed conflict” (i.e., those that take place within a
country and involve one or more groups and possibly the state government). 136
A. Background and Differences Between IHL and IHRL
There are two major differences between international humanitarian law (“IHL”) and international
human rights law (“IHRL”). First, while both bodies of law share a common goal of protecting the
rights and dignity of individuals, they pursue that goal in different ways. 137 IHL operates in a specific
emergency situation – armed conflict; IHRL applies more broadly and seeks generally to protect the
rights of individuals regardless of the presence of conflict. 138 Second, no derogations are allowed
from IHL rules; 139 however, states may suspend some IHRL rights during a public emergency that
threatens the security of the state. 140
IHL applies to international armed conflict and internal armed conflict, but it does not apply to
internal disturbances, such as riots or isolated and sporadic acts of violence. 141 There is no formal
system, however, for determining whether a conflict is an “internal armed conflict” or an “internal
disturbance.” State sovereignty concerns may induce a state to evade the requirements of IHL
by characterizing internal conflict as an “internal disturbance” or some other national emergency
to which IHL does not apply. 142 The state also may be concerned that designating the situation
as “internal armed conflict” would give legitimacy to the opposition and implicitly recognize its
existence. Accordingly, it is often difficult to persuade a state to accept the application of IHL to a
violent conflict occurring within its borders. 143 As a result, situations arise where IHL does not apply
because no actual conflict has been declared. Additionally, provisions of IHRL may be suspended