The International armed conflict as a state of emergency: international human rights law, international humanitarian law and the “internal” limits to the use of international armed force

The essay deals with the relationships between international humanitarian law and international human rights law, in the light of the so-called derogatory clauses of human rights. These international provisions allow States to temporarily suspend the protection of some fundamental rights in order to face and overcome a state of emergency. Usually the aforementioned relations are considered subject to the lex specialis principle. However, the essay argues that when such categories of international norms protect the same fundamental right, the lex specialis principle cannot be applied. In fact, such a case should be governed by the principle of the widest and deepest protection, ensuring the contemporary application of umanitarian provisions and human rights ones. The analysis is developed with special reference to international armed conflicts, qualified as relevant states of emergency.