Human Rights in Armed Conflict: Law, Practice, Policy

International Law

Human Rights in Armed Conflict: Law, Practice, Policy

By Gerd Oberleitner
Cambridge University Press May 2018

Specifications

ISBN-13
9781107456938
Publisher
Cambridge University Press
Publication
May 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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.

Table of Contents

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
3.
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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