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Convergences and Divergences Between International Human Rights Law, International Criminal Law and International Humanitarian Law

Convergences and Divergences Between International Human Rights Law, International Criminal Law and International Humanitarian Law

Author: Paul De Hert; Stefaan Smis; Mathias Holvoet
Publisher: Intersentia Publishers
ISBN: 9781780686400
Published In: June 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.

This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States’ investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.

Table of contents and preliminary pages

Part I. Convergences and Divergences Between International Human Rights Law and International Criminal Law Stricto Sensu

Catalytic, Gap-Filling or Retardant Effects of ICL on HRL: Quid Juris

Use of Human Rights in International Criminal Law: Influence or Appearances of Legitimacy?

The Future of the International Criminal Court: A Non-Human Rights Body?

Part II. Convergences and Divergences Between International Human Rights Law and Transnational Criminal Law

Strengthening Action to End Forced Labour: The ILO Forced Labour Protocol and States' Positive Human Rights Obligations

The International Law of Human Trafficking: At the Forefront of the Convergence between Transnational Criminal Law and International Human Rights Law?

International Security and Financial Stability: Resolving Norm Conflicts Between Anti-Corruption and Individual Rights

Part III. Convergences and Divergences Between International Human Rights Law and International Humanitarian Law

'It was the best of times, it was the worst of times': A Tale of Detention in Time of Emergency

The European Court of Human Rights' Approach to Armed Conflict and Humanitarian Law: Ivory Tower or Pas De Deux?

Prohibitions on Arbitrary Displacement in International Humanitarian Law and Human Rights: A Time and a Place for Everything

Investigations in Armed Conflict: Understanding the Interaction Between International Humanitarian Law and Human Rights Law

Conclusion

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