The relationship between international humanitarian law and international human rights law is very important as it influences the protection accorded to human beings in such different circumstances as a state of peace and of an armed conflict. The basic question is: are those two legal systems in symbiosis or in other words are they complementary or rather are they contradictory, in a state of rivalry? How the ICTY uses human rights law, if at all? Is this possible to refer to human rights to fill in the lacunae in international humanitarian law? This paper will try to answer –