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96 Minn. L. Rev. 1883 (2011-2012)
Which Law Governs During Armed Conflict - The Relationship between International Humanitarian Law and Human Rights Law

handle is hein.journals/mnlr96 and id is 1915 raw text is: Article Which Law Governs During Armed Conflict? The Relationship Between International Humanitarian Law and Human Rights Law Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, and Julia Spiegelt INTRODUCTION On May 31, 2010, in the early hours of the morning, Israeli Defense Forces boarded and occupied a flotilla of six vessels seventy-two nautical miles from the coast of Gaza. The flotilla carried food and other supplies to Gaza, which was under a na- val blockade. During the incident, nine passengers were killed and several others wounded. In the aftermath, a key question that emerged was what body of law applied to the incident? Was it subject to human rights law, international humanitari- an law, or some mix of the two?' t Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School; law clerk, Judge Mark Kravitz (D.Conn.); J.D. 2012, Yale Law School; J.D. 2012, Yale Law School; Associate, Arnold & Porter; Re- searcher at InterRights (London); and MPP candidate, Woodrow Wilson School, Princeton University & J.D. Candidate, Yale Law School, respectively. Sara Solow, Aileen Nowlan, Saurabh Sanghvi, and Elizabeth Nielsen provided important assistance in preparing this Article. The authors also thank Tom Dannenbaum for his very helpful contributions. Copyright @ 2012 by Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Nix, William Perdue, Chel- sea Purvis, and Julia Spiegel. 1. SECRETARY-GENERAL'S PANEL OF INQUIRY ON THE 31 MAY 2010 FLO- TILLA INCIDENT, REPORT OF THE SECRETARY-GENERAL'S PANEL OF INQUIRY ON THE 31 MAY 2010 FLOTILLA INCIDENT, at 97 (July 2011), http://www.un.org/ News/dh/infocus/middleeast/GazaFlotillaPanelReport.pdf (noting, in dis- cussing the issue, that [tihere has been considerable legal debate on the pre- cise nature of the relationship between these two legal regimes, and that [plositions taken in academic writing range from complete separation to com- plementarity and even fusion). Hereinafter, this Article uses the term hu- manitarian law to refer to what is often termed international humanitarian 1883

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