The Role of the Interpretive Principle of Systemic Integration in the Mutual Development of International Human Rights and Humanitarian Law

The relationship between human rights and humanitarian law is now understood as a complementary one, insofar as human rights rules are no longer applicable in peacetime but at all times. The International Court of Justice has emphasized this issue in numerous Decisions. In international law literature, the main focus is on the interaction between these two branches of law, while less attention is paid to the complementarity of their rules and the interpretation of one’s rules in light of the other especially in light of the principle of systemic integration. The present paper examines the utility as well as the challenges and potential harms of using this approach in the general context of international law. Finally, it concludes that using systemic integration principle can strengthen application of human rights rules through international humanitarian law, or prevent normative conflict between different norms of the two branches of law, especially in regard to forceful and  arbitrary detention.