Having examined the humanitarian law governing internal armed conflicts, it remains to consider what alternative or additional protection can be afforded to civilians through international human rights law. A detailed account of the origin and development of human rights is clearly outside the ambit of this book. For present purposes it will suffice to note that human rights essentially became an issue of international concern only after the atrocities of the Second World War.

Human rights and humanitarian law

There is undoubtedly a close relationship between humanitarian law and human rights law. Both are applicable during internal armed conflict – humanitarian law through specific provisions to that effect and through customary law, human rights in so far as they govern relations between a State and its subjects. Indeed, human rights law has had an important, and increasing, influence on the development of humanitarian law. There are, however, important differences.

First, the two legal regimes developed quite separately. International human rights developed in response to the barbarity of the Second World War, whereas humanitarian law first began to be codified at the international level in the nineteenth century. Of course both are considerably older in origin, and Pictet states that both date back as far as the human race, having the same initial objective – to protect the individual against those who would harm him.