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Human Rights in Armed Conflict: Law, Practice, Policy

Human Rights in Armed Conflict: Law, Practice, Policy

Name: Human Rights in Armed Conflict: Law, Practice, Policy
Brand: Cambridge University Press
SKU: 9781107087545
Price: 1967.16 HKD
Availability: InStock
Author: Gerd Oberleitner
ISBN: 9781107087545

By Gerd Oberleitner

Cambridge University Press March 2015

Specifications

ISBN-13: 9781107087545
Publisher: Cambridge University Press
Publication: March 2015
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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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?

9. The extraterritorial application of human rights: functional universality

10. War as emergency: derogation

11. Human rights and humanitarian obligations

12. Operationalising human rights in armed conflict

Part IV. The Dynamics of War and Law:

13. The changing character of war

14. Governing internal armed violence

15. Human rights in situations of occupation

16. Context: the humanization of international law

Part V. Enforcement: Practice and Potential:

17. United Nations Human Rights Council: monitoring armed conflicts

18. United Nations High Commissioner for Human Rights

19. United Nations human rights treaty bodies

20. The Inter-American human rights system

21. The European Court of Human Rights

22. The African Commission on Human and Peoples' Rights

23. Monitoring and litigating humanitarian rights: prospects

Conclusion.

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