Human Rights and Armed Conflict

The application of international human rights law (IHRL) in situations of armed conflict is one of the most contested areas of contemporary international law. The controversy begins with the identification of the applicable branch (or branches) of law. Are states only bound by international humanitarian law (IHL) or are they also bound by their human rights obligations? This points to other areas of dispute: to what extent do states owe human rights obligations outside their borders? Can states derogate from IHRL in armed conflict? Debates also surround issues such as whether non-state armed actors are bound by human rights law and whether states owe human rights obligations to the members of their armed forces while on military operations. We will explore these issues and more, examining the gaps that exist between IHRL jurisprudence and the practice of militarily active states, including Australia.