The normative frameworks under which International Humanitarian Law (“IHL”) and human rights law each operate are in conflict with one another. The goal of this Article is to develop a new law of war that is based on human rights and is entirely consistent with the requirements of human rights law. The principle of discrimination, which provides that people may be attacked and killed simply because of the uniform they wear, is an ideal entry point into the conflict between IHL and human rights law. IHL ideally protects civilians from the horrors of war, but the principle of discrimination, one of the most important rules of modern warfare, is fundamentally inconsistent with the basic tenets of human rights law.
Harvard International Law Journal
The oldest and most-cited student-edited journal of international law, the Harvard International Law Journal covers a wide variety of topics in public and private international law.