Not all the questions related to the protection of right to life in armed conflicts have become subject of consideration of the international judicial and quasi-judicial bodies. Nonetheless already existing case-law allows to draw a conclusion that the role of International Human Rights Law in regulation of right to life has been changing, at least, in respect of non-international armed conflicts. These changes by their nature reflect the process of integration between norms of International Humanitarian and Human Rights Law, which leads to the strengthening of human rights protection in the specific circumstances of armed conflicts.
Not all cases of targeted killings occurring in armed conflicts, which could have been regarded to be legal under provisions of IHL, would stay examination under criteria of a new complex approach. Far from majority of these targeted killings would satisfy to the requirements of a prudent preparation and planning, absolute necessity, strict proportionality and an effective investigation. However, as a result, it cannot be argued that all cases of intended use of force against concrete persons suspected to be members of armed groups or civilians taking a direct part in hostilities during armed conflicts are illegal. There remains a small group of situations, in which the whole range of circumstances will justify these actions, but overwhelming majority of them will be situated in the real “combat” sector of military operations. Application of the “complex test” would definitely have a significant impact on the grey areas, rendering almost all of cases belonging to it out of law.
Decisions of the European Court of Human Rights made a contribution to the development of the theoretical conceptions describing relationship between International Humanitarian Law and International Human Rights Law by specifying direction to a wider application of human rights norms regulating right to life in armed conflicts. This article deals with three main directions of this development: firstly, the strengthening of examination in sphere of fulfillment by states of their negative obligations concerning right to life, secondly, specification of duties on preventive measures serving for protection of civil persons and objects, and, thirdly, enlargement of the scope of application of the obligation on prosecution of lethal cases in armed conflicts.