State behaviour during armed conflict is increasingly exposed to judicial scrutiny. It may also be subjected to standards developed in human rights law which, at times, are inconsistent with the law of armed conflict. This article draws attention to States’ worry over this process, and to their effort to limit the application of human rights law to military operations. The article discusses this effort, as well as the extent to which it was successful in court, focusing on three operational matters: the use of force, the detention of enemy nationals for security reasons, and the investigation of deaths caused by the armed forces. It concludes that courts tend to be more attentive to States’ concerns than often perceived, and that the latter should remain patient during this ongoing process.

中文翻译：

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人权和人道主义法适用的最新趋势

武装冲突期间的国家行为越来越受到司法审查。它也可能要遵守人权法中制定的标准，该标准有时与武装冲突法不符。本文提请注意各国对此进程的担心，并注意其努力将人权法的适用范围限制于军事行动。本文讨论了这一努力以及在法庭上取得成功的程度，着重于三个业务事项：使用武力，出于安全原因拘留敌方国民以及调查武装部队造成的死亡。结论是，法院往往比通常认为的更加关注国家的关切，在此过程中，后者应保持耐心。