ადამიანის უფლებათა და საერთაშორისო ჰუმანიტარული სამართლის კონკურენტული თუ შემავსებელი ბუნება

Abstract

The interrelationship and competition between the International Humanitarian Law and International Law of Human Rights and the possible practical solutions to this particular problem are timely and relevant topics about which neither the
international courts nor the scholars have compiled a comprehensive decision. Despite the fact that the intersection of the rules of warfare and the laws regulating peacetime is rare at a glance, in reality, the lines between them are frequently blurred.

Therefore, this article outlines the appropriate and thorough approach to resolving such situations, with the aim to utilize International Law of Human Rights both in times of peace and conflict, including during active armed confrontation. Since armed military operations indicate an urgent threat to even the most fundamental of human rights - the right to life - this article examines the correlation between International Humanitarian Law and International Human Rights Law, namely, what kind of connection there is and how, in the case of competition, the superiority of one of them might be determined.