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. By way of conclusion, Section 5 considers whether settlement provisions on detainees reflect a common practice that develops international legal standards. In the context of peace agreements, the focus is on two interconnected issues which extend into a post bellum phase, as important subject matter for settlement practice: release and repatriation and transitional justice. Section 3 then examines the specific legal norms relating to prisoners of war and civilian detainees within international armed conflict and their interaction with settlement practice while Section 4 does the same in relation to legal norms regulating detention in non-international armed conflicts. Section 2 identifies the international legal frameworks that regulate detention, drawing the necessary distinctions between peacetime and armed conflict, and between international and non-international armed conflict, which frame questions on relevant applicable law. This chapter examines settlement practice on detention in light of international humanitarian law and human rights law.
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