IRRC No. 871
The relationship between international humanitarian and human rights law where it matters: admissible killing and internment of fighters in non-international armed conflicts
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Abstract
The article explores the relationship between international humanitarian and human rights law during non-international armed conflict. It seeks to answer two questions: First, according to which branch of law may a member of an armed group be attacked and killed? Second, may a captured member of an armed force or group be detained similarly to a prisoner of war in international armed conflicts or as prescribed by human rights? Through application of the lex specialis principle, this article discusses possible answers to these questions.