![]() Second, the paper will analyze the decisions of both the High Court of Justice and the Court of Appeal in Serdar Mohammed, and of the European Court of Human Rights in Hassan. It will proceed as follows: First, it will identify competing interpretations of international humanitarian law and their implications for the way in which the relationship between international humanitarian law and human rights law can be approached. This article analyzes two recent cases on the legality of security detentions in armed conflicts under the European Convention on Human Rights (ECHR). But they equally underline dangers of the language of universal human rights, the scope and content of which will depend on particular conceptions about the boundaries of political community. The conflicts regarding the protection of a right to life in that sense are indicative of a more general uncertainty about the appropriate normative grammar today: They point to instances, in which the state-centric framework has become inadequate. ![]() On that basis, their relationship does not appear as straightforward convergence but rather as a dialectical process that highlights their respective limitations. ![]() IHL draws on the order of states as decisive entities of rights and liabilities, whereas IHRL takes humanity as reference point. In this paper, I will argue that the concrete lines of conflict between IHL and IHRL in that regard can be viewed as markers for fundamental normative questions arising in a changing global political framework. ![]() At the same time, the regimes are characterized by different logics, which become most apparent with regard to the protection of the right to life, or the permissibility to kill a person. It is undisputed today that IHRL also applies in situations of armed conflict, and that norms of the two regimes are regularly intertwined. The relationship between international humanitarian law (IHL) and international human rights law (IHRL) has occupied legal scholarship extensively over the last decades. ![]()
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