The Convergence of Human Rights and Humanitarian Law: Recalibrating Legal Boundaries in Contemporary Conflict

Abstract

The traditional dichotomy between International Human Rights Law (IHRL) and International Humanitarian Law (IHL) is increasingly untenable in the context of modern armed conflicts, where civilian and military domains frequently intersect. This research addresses the core problem of legal fragmentation and uncertainty in applying these regimes simultaneously. The purpose of the study is to examine how and why the convergence of IHRL and IHL is occurring, assess its implications for legal accountability and human protection, and propose a recalibrated framework for their coexistence. Employing a doctrinal legal research design, this study analyzes key international jurisprudence, treaty provisions, and state practices. Case law from the International Court of Justice and European Court of Human Rights demonstrates that both legal frameworks can—and often must—apply concurrently. The findings reveal a growing judicial and scholarly consensus toward harmonized interpretation, particularly through the lex specialis principle. However, significant challenges remain regarding normative conflicts, jurisdictional ambiguity, and institutional fragmentation. The study concludes by advocating for doctrinal integration, unified interpretive standards, and enhanced institutional cooperation as essential to recalibrate legal boundaries and ensure comprehensive protection of human dignity in contemporary conflict scenarios. The evolving nature of armed conflict and the increasing entanglement of military operations with civilian life have necessitated a revaluation of the traditional boundaries between IHRL and IHL. While both legal regimes aim to protect human dignity, they historically functioned in distinct spheres: IHL governs armed conflict, while IHRL applies in times of peace. This article examines the growing convergence between the two frameworks, particularly in asymmetric and non-international conflicts. It analyzes the jurisprudence of international courts, state practices, and theoretical underpinnings to argue for a recalibrated legal approach that ensures both flexibility and accountability. The article concludes by offering proposals for integrated legal interpretation and enhanced institutional cooperation.