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Research Handbook on Human Rights and Humanitarian Law: Further Reflections and Perspectives

Research Handbook on Human Rights and Humanitarian Law: Further Reflections and Perspectives

Author: Robert Kolb; Gloria Gaggioli; Pavle Kilibarda
Publisher: Edward Elgar Publishing
ISBN: 9781789900965
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 3,042.00

HKD 2,950.74 Save HKD 91.26 (3%)

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Providing up-to-date discussions of both evolving and novel debates in human rights law and humanitarian law, this timely new edition of the Research Handbook on Human Rights and Humanitarian Law complements, rather than replaces, its predecessor with fresh perspectives from leading scholars on the controversial and crucial topics within these fields.

Examining the application of international law to armed conflict situations, contributors present contemporary reflections on a variety of issues that have evolved and emerged in recent years. Chapters integrate a multitude of converging and diverging perspectives on international law in armed conflict, giving voice to stakeholders from academic, humanitarian, judicial, and military backgrounds. Grounded in the results from extensive cutting-edge research on various topics pertaining to the interplay between human rights law and humanitarian law, this Handbook illuminates the role of international law in topics such as counterterrorism, tribunals, detention and detainee transfer, sexual and gender-based violence, and torture.

Breaking down major and recent international and domestic jurisprudence in an accessible format, this Handbook will prove invaluable to students and scholars of human rights and international humanitarian law. With practical examples, it will also act as a useful reference guide to practitioners and humanitarian workers in the field.

Introduction to the Research Handbook on Human Rights and Humanitarian Law

Robert Kolb, Gloria Gaggioli and Pavle Kilibarda

PART I: CONVERGING AND DIVERGING PERSPECTIVES

SECTION A: ACADEMIC PERSPECTIVES

1. Co-application and harmonization of IHL and IHRL: are rumours about the death of lex specialis premature?

Yuval Shany

2. Are IHL and HRL still two distinct branches of public international law?

Vaios Koutroulis

3. Treaty interpretation: international humanitarian law and international human rights law

Eirik Bjorge

4. The principles of military necessity and humanity in light of international human rights law

Marco Pedrazzi

SECTION B: MILITARY PERSPECTIVES

5. UN peace operations, international humanitarian law and international human rights law

Marten Zwanenburg

6. Private military and security companies under international humanitarian law and human rights law

Marie-Louise Tougas

7. Naval warfare: a role for international human rights law?

Wolff Heintschel von Heinegg

8. NATO, self-defence and its interplay with international humanitarian law and human rights law

Camilla Guldahl Cooper

SECTION C: JUDICIAL PERSPECTIVES

9. The International Court of Justice, international humanitarian law and human rights law

Pavle Kilibarda and Robert Kolb

10. Human rights bodies: a comparative approach

Walter Kälin and Jörg Künzli

11. International criminal courts and tribunals

Yasmin Naqvi

SECTION D: HUMANITARIAN PERSPECTIVES

12. Developing and clarifying international humanitarian law: the role and legacy of the ICRC

Knut Dörmann and Andrea Raab

13. International human rights law and non-State armed groups: The (de)construction of an international legal discourse

Ezequiel Heffes

PART II: CONTEMPORARY ISSUES: CAPITA SELECTA

SECTION E: OLD TOPICS, NEW CONCERNS

14. The use of less-lethal weapons for law enforcement during armed conflict

Stuart Casey-Maslen, Christof Heyn and Thomas Probert

15. What role for IHL and HRL in the fight against terrorist networks?

Gloria Gaggioli and Ilya Sobol

16. Investigations in armed conflict

Claire Simmons

17. Taking the next steps on sexual and gender-based violence in international humanitarian law: embracing complementarity and mainstreaming gender

Helen Durham and Vanessa Murphy

SECTION F: FUNDAMENTAL RIGHTS

18. Partnering in detention and detainee transfer operations

Tilman Rodenhäuser

19. Non-discrimination under international humanitarian law and human rights law

George Dvaladze

20. Torture and other cruel, inhuman or degrading treatment or punishment in international law: towards a generic definition?

Pavle Kilibarda

21. The rights to privacy and data protection under international humanitarian law and human rights law

Asaf Lubin

List of treaties

List of cases

Index

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