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Published online by Cambridge University Press: 04 March 2021
In the Kunarac Judgment of 2001, the ICTY Trial Chamber pressed the right button when it said that there is often a resemblance (and, in some aspects fusion) between LONIAC and human rights law ‘in terms of goals, values and terminology’.1369 All the same, one should not be carried away by the extent of that resemblance. It is necessary to beware the wish that is father to the thought – expressed by some scholars – that the norms of human rights law and the law of armed conflict can or should be unified.1370 This idea, which is not seriously considered by States, ignores the need to fine-tune different regimes of protection with a view to achieving their maximum performance in divergent sets of circumstances.
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