International Humanitarian Law and International Human Rights Law

Human Rights

International Humanitarian Law and International Human Rights Law

By Orna Ben-Naftali
Oxford University Press January 2011

Specifications

ISBN-13
9780191001604
Publisher
Oxford University Press
Publication
January 2011
Format
Hardback , 424 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Provides a clear overview of the broad scope of issues relating to the co-application of international human rights law and international humanitarian law
  • Contributions from leading writers in the field of international human rights law and international humanitarian law, including Christine Bell, Paola Gaeta, Andrea Gioia, Marko Milanic, Marco Sassoli, Yuval Shany, and Ana Filipa Vrdoljak
  • Offers diverse viewpoints on one of the most important international legal controversies of recent years

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. 

The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. 

The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

Readership: Scholars of international humanitarian law, international human rights law, and international criminal law; post-graduate students; practitioners of international humanitarian law and international human rights law.

Table of Contents


I. Entree
1: Orna Ben-Naftali: Introduction: Pas de Deux
II. Adagio
2: Yuval Shany: Human Rights and Humanitarian Law as Competing Legal Paradigm for Fighting Terror
3: Marco Sassóli: The Role of Human Rights and International Humanitarian Law in New Types of Armed Conflicts
4: Marko Milanovic: Norm Conflicts, International Humanitarian Law and Human Rights Law
III. Variations
5: Orna Ben-Naftali: PathoLAWgical Occupation: Normalizing the Exceptional Case of the Occupied Palestinian Territory (OPT) and Other Legal Pathologies
6: Andrea Gioia: The Role of the European Court of Human Rights in Monitoring Compliance with Humanitarian Law in Armed Conflict
7: Ana Filipa Vrdoljak: Cultural Heritage in Human Rights and Humanitarian Law
IV. Coda
8: Paola Gaeta: Are Victims of War Crimes Entitled to Compensation?
9: Christine Bell: Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

About the Author


Edited by Orna Ben-Naftali, Professor of International Law, The Law School, The College of Management Academic Studies, Israel

Orna Ben-Naftali is Professor of International Law and Dean of the Law School, the College of Management Academic Studies in Israel. A graduate of The Law Faculty of Tel-Aviv University, The Fletcher School of Law and Diplomacy, Tufts University and Harvard University, she taught at Brandeis University and at the Fletcher School of Law and Diplomacy, and worked in the Department of Peacekeeping Operations, the United Nations. Ben-Naftali's publications focus on International Humanitarian Law, most particularly, the Law of Belligerent Occupation; International Criminal Law and on the Cultural Study of Law. She is a member of the board of editors of the European Journal of International Law; founding member of the executive board of Concord - the Research Centre for the Interplay between International Norms and Israeli Law, and a member of the executive board of B'tselem - the Israeli Information Centre for Human Rights in the Occupied Territories.

Contributors:

  • Christine Bell, Professor of Public International Law and Associate Director of the Transitional Justice Institute at the University of Ulster
  • Orna Ben-Naftali, Professor of International Law and Dean of the Law School at the College of Management Academic Studies in Israel
  • Paola Gaeta, Professor of International Criminal Law at the Law Faculty of the University of Geneva and Director of the LL.M. Programme in International Humanitarian Law of the Geneva Academy of International Humanitarian Law and Human Rights
  • Andrea Gioia, Professor of International Law at the Faculty of Law of the University of Modena and Reggio Emilia
  • Marko Milanovic, Faculty of Law at the University of Cambridge
  • Marco Sassóli, Professor of International Law and Director of the Department of International Law and International Organization at the University of Geneva
  • Yuval Shany, Hersch Lauterpacht Chair in International Law at the Law Faculty of the Hebrew University of Jerusalem
  • Ana Filipa Vrdoljak, Professor in the Faculty of Law, University of Western Australia and Visiting Professor in the Department of Legal Studies, Central European University, Budapes

Reviews

"All in all, the book provides a reflective and multi-level analysis of the issues that the conjoined application of human rights and humanitarian law gives rise to." - Nicholas Tsagourias

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