Convergence between human rights law and international humanitarian law and the consequences for the implementation

Abstract

The last two decades have been very violent. The world has witnessed numerous, serious armed conflicts. Bearing this in mind, proposals have been put forward by the international community to ensure that in such disputes, a minimal level of humanity is maintained. Voices in legal literature argue, however, that it is obvious to any observer of the world scene since 1949, that the rules governing the international law of armed conflicts, which seek to protect certain groups from the worst effects of armed conflicts, have been more honoured in the breach than in the observance. These acts of brutality and violations of fundamental rules of humanity clearly call for political action by the international community and in particular for a legal contribution from the humanitarian branch of international law. In International Humanitarian Law (IHL), the core rules of humanity are enshrined in Article 3, which is common to all four Geneva Conventions of 12 August 1949. © 2011 Springer-Verlag Berlin Heidelberg.