Применимость доктрины «Lex specialis deregat legi generali» к взаимодействию международного права прав человека и гуманитарного права

The recognition of applicability of international human rights law in armed conflicts raises the need to observe and regulate the interaction between human rights law and international humanitarian law. Nowadays this interaction is regulated by the ''Lex specialis derogat legi generali'' principle. This article provides an overview about the lex specialis principle, examines the reasons why interaction between these two bodies of law should be regulated just by this principle and, finally, shows how lex specialis should regulate the interaction and overlap of human rights law and humanitarian law. The article defends the opinion that the humanitarian law can’t always be lex specialis which was suggested by the International Court of Justice in its first advisory opinions and emphasizes that each body of law can be the lex specialis depending on the situation.

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