International human rights courts and quasi-judicial mechanisms have played a fundamental role in establishing criteria that apply to the conduct of investigations in cases concerning the loss of life. Due to these differences, the question remains as to which standards should govern investigations in times of armed conflict, when both legal regimes find simultaneous application. These parallel obligations, however, are triggered in different ways and shall satisfy different parameters, depending on which of the two corpora juris is taken into account. Under both international human rights law and international humanitarian law States have an obligation to investigate, prosecute and punish those responsible of particularly severe conduct. An essential protection of the right to life consists of the duty to investigate its violations.
The right to life is often referred to as the foundational right insofar as ‘when is not respected, all the other rights lack meaning’.
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