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Human Rights in Armed Conflict: Law, Practice, Policy

Human Rights in Armed Conflict: Law, Practice, Policy

Author: Gerd Oberleitner
Publisher: Cambridge University Press
ISBN: 9781107087545

Published In: March 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107456938

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Description
Contents

Details

It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear.

This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict.

Based on legal theory, policy analysis, state practice and the work of human rights bodies it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

Introduction

Part I. Human Rights in Armed Conflict: History of an Idea:

1. From mediaeval sources to modernity

2. The science of warfare and the progress of civilization

1945: whither war?

4. Human rights in armed conflict

Part II. Human Rights and Humanitarian Law: Theory:

5. Exclusivity: the misconceived idea of lex specialis

6. Complementarity: maximizing protection

7. Integration: the transformative influence of human rights

Part III. Human Rights and Humanitarian Law: Challenges and Commonalities:

8. The right to life: the limits of human rights in armed conflict?