Direitos humanos e conflitos armados: a relação entre o direito internacional dos direitos humanos e o direito internacional humanitário em conflitos armados

Abstract

International Human Right Law is a conquest of humanity against the States and its violation, at last instance, is the main cause of social tensions. By other hand, International Humanitar i- an Law, with ori gin and focus distinct, defines the reciprocal behavior of groups in armed conflict in an attempt to maintain a minimum of humanity before interests be translated in military objectives. At the intersection of these two branches, the applicability of human rights in armed conflict is questioned, especially by dictatorial regimes and hegemonic nations able to sustain the actions of their agents. In parallel, in the international context, there is an increase in the number of Peacekeeping Operations with the Security Council release, after the Cold War ended, and with the adoption of the concept Responsibility to Protect by the UN at the millennium turn. Added to this, the failures of the 1990's Peacekeeping Operations ca r- ried out to the development of a serie s of measures by the UN in order to increase the prote c- tion and respect for human rights in order to give legitimacy and effectiveness to their mi s- sions, such as the evolution to multidimensional Peacekeeping Operations and the establis h- ment of strict stan dards of conduct for its participants, increasing their responsibilities. In Brazil, a reorientation of foreign policy, from 2004, has led to increase their participation starting from MINUSTAH to be, nowadays, in nine Peacekeeping Operations and be the Ma r- itime Component Command of the UNIFIL - Lebanon. In 2011, Brazil proposes the concept Responsibility to protect to the General Assembly, a clear defense of UN accountability, and consequently for the countries in peacekeeping operations, by the human righ ts violations and damage caused in their actions. From these facts, this study part of the hypothesis of applic a- bility of International Human Rights Law in armed conflict, in parallel with International Humanitarian Law, for, through a conceptual and juris prudential analysis, prove their verac i- ty, present the accepted form of its implementation based on complementarily and the princ i- ple of lex specialis according to a factual analysis and its implications for the peace mission operations with particular att ention to the situation of the Brazilian military.