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The Right To Life During Armed Conflicts: Examining The Relationship Between International Human Rights Law And International Humanitarian Law

4 days ago
1 min read



Runjun Baruah & Dr Syed Wajid Ul Zafar


ABSTRACT


The right to life is a foundational guarantee of international human rights law, yet its operation during armed conflict requires engagement with the specialised rules of international humanitarian law. This article examines how the prohibition of arbitrary deprivation of life under Article 6 of the International Covenant on Civil and Political Rights interacts with the rules governing targeting, civilian protection and humane treatment under the Geneva Conventions and their Additional Protocols. It analyses the International Court of Justice’s treatment of lex specialis, the continuing application of human rights treaties in wartime, and the distinction between conduct-of-hostilities and law-enforcement standards. Particular attention is paid to occupation, extraterritorial operations, investigative duties and accountability for unlawful deaths. The article argues that the two bodies of law should be applied complementarily through a context-sensitive approach that preserves both operational specificity and effective protection of human dignity.


Keywords: Right to life; armed conflict; international humanitarian law; international human rights law; lex specialis; civilian protection; accountability.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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