On October 4, 2019, in Sanremo, Italy, the International and Comparative Law Research Center in cooperation with the International Institute of Humanitarian Law held a workshop on “Application of International Humanitarian Law and International Human Rights Law in an Armed Conflict”.
The purpose of the workshop was to take a closer look at the complex relationship between the two sets of rules, in particular problems arising in this regard in the situation of an armed conflict. This issue has repeatedly become the subject of examination in international courts, and the current practice, far from being harmonized, reveals challenges that attempts at their co-application may cause both to the integrity of these rules themselves and to institutions seeking to apply them to armed conflicts and in their aftermath. This is in particular exemplified by the practice of the European Court of Human Rights that strives to extend the European Convention on Human Rights provisions to an armed conflict.
Specifically, in the context of the ECtHR and the ECHR the following questions may arise:
The very same questions and difficulties may arise in relation to other instruments and institutions. These and other questions were discussed in two consecutive panels composed of representatives of academia, international organizations, courts and tribunals, State authorities.
The welcome addresses were delivered by:
The first panel was dedicated to interplay between International Humanitarian Law and International Human Rights Law in an armed conflict. The second one – to application of International Humanitarian Law and International Human Rights Law by international courts and tribunals. Each panel was followed by Q&A session.