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. The analysis concludes by exploring the normative and practical implications deriving from the concurrent application of IHL and the Covenant, particularly with regard to the Committee's ability to review state action in armed conflict, the duty to investigate violations, and the right to a remedy and reparation for victims.

The article critically examines the Human Rights Committee's understanding of how the Covenant applies in armed conflict, specifically in relation to the protection of the rights to life and liberty and the regulation of the use of force and security detention it considers both the shortcomings and the innovative aspects of the Committee's interpretations. The analysis aims to clarify the theoretical underpinnings of the relationship between the ICCPR and IHL, paying special attention to the complementarity perspective and the interpretive principle of systemic integration. The present article examines the Human Rights Committee's pronouncements on the relationship between the International Covenant on Civil and Political Rights (ICCPR) and international humanitarian law (IHL), taking into account the developments in the jurisprudence of other human rights bodies.

Article 6 of iccpr armed conflict