The present contribution examines the interaction between international humanitarian law (IHL) and human rights law (HRL) in relation to the duty to investigate in armed conflict. It thus highlights the limits in some circumstances of incorporating the abovementioned status- based regime, as well as guarding against attempts to align both legal branches to the detriment of their object and purpose. The chapter nonetheless cautions against any exercise of interpretation that overstretches and distorts international human rights law or international humanitarian law.
Hence, by applying the principle of systemic integration, it attempts to use these points of convergence to find a space in human rights law for a quasi- regime of status-based targeting of members of armed groups in non-international armed conflicts. In this regard, the chapter analyzes the role played by ‘conduct’ and ‘function’ in determining the lawfulness of the use of lethal force in both legal regimes and demonstrates that these are not as far apart on this issue as it is generally believed. It attempts to flesh out points of convergence between these two branches concerning their respective frameworks on the use of lethal force against persons. This chapter explores the relationship between international human rights law and international humanitarian law in the targeting of members of armed groups in non-international armed conflicts.
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