Hence, IHRL applies only when persons find themselves within the territory controlled by a state including an occupied territory or where a state exercises effective control over individuals outside the territorial jurisdiction. The applicability of IHL essentially depends primarily on the existence of an armed conflict, while the applicability of IHRL depends on whether the individual concerned is within the jurisdiction of the state concerned. IHL regulates the conduct of hostilities and the protection of persons in situations of armed conflict, while IHRL, on the other hand, protects individuals from abusive or arbitrary exercise of power by state authority. In light of this, it becomes necessary to understand the differences between IHL and IHRL in terms of their applicability.
International Humanitarian Law (IHL) and International Human Rights Law (IHRL) both protect individuals but the protection offered under these two branches of international law is different.
Sometimes, International Humanitarian Law is wrongly described as ‘human rights law of armed conflict’.
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