The Duty to Investigate in Situations of Armed Conflict: An Examination under International Humanitarian Law, International Human Rights Law, and their Interplay

Human Rights › International Law

The Duty to Investigate in Situations of Armed Conflict: An Examination under International Humanitarian Law, International Human Rights Law, and their Interplay

By Floris Tan
Brill Nijhoff September 2023

Specifications

ISBN-13
9789004540934
Publisher
Brill Nijhoff
Publication
September 2023
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities, is unfounded and in need of revision.

Table of Contents

Acknowledgements
List of Figures
Abbreviations
Table of Cases
Table of Instruments

1. Introduction

Part 1: International Humanitarian Law
2. Introduction to the IHL System
3. The Duty to Investigate Violations of IHL
Part 2: International Human Rights Law
4. Introduction to the IHRL System
5. The Duty to Investigate under the Global Human Rights Systems
6. The Duty to Investigate under the Inter-American System of Human Rights Protection
7. The Duty to Investigate under the European System of Human Rights Protection
8. Duties of Investigation under International Human Rights Law – Conclusions

Part 3: Interplay
9. The Interplay between IHL and IHRL– A Roadmap
10. The Duty to Investigate under the Interplay of IHL and IHRL
11. Drawing Conclusions

Bibliography
Curriculum Vitae
Index
HKD 3,138.80

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Human Rights

View all
Criticism of the European Court of Human Rights: Shifting the Convention System: Counter-dynamics at the National and EU Level
Intersentia Publishers

Criticism of the European Court of Human Rights: Shifting the Convention System: Counter-dynamics at the National and EU Level

Patricia Popelier; Koen Lemmens; Sarah Lambrecht
HKD 1,901.90
Rights of Third-Country Nationals under EU Association Agreements: Degrees of Free Movement and Citizenship
Brill Nijhoff

Rights of Third-Country Nationals under EU Association Agreements: Degrees of Free Movement and Citizenship

LL.M. Daniel Thym; Margarite Zoeteweij-Turhan
HKD 2,088.10
The Human Right to Water: Theory, Practice, and Prospects
Cambridge University Press

The Human Right to Water: Theory, Practice, and Prospects

Malcolm Langford; Anna Russell
HKD 718.77
Intersectionality in the Human Rights Legal Framework on Violence Against Women: At the Centre or the Margins?
Cambridge University Press

Intersectionality in the Human Rights Legal Framework on Violence Against Women: At the Centre or the Margins?

Lorena Sosa
HKD 428.74
Re-understanding the Child’s Right to Identity: On Belonging, Responsiveness and Hope
Brill Nijhoff

Re-understanding the Child’s Right to Identity: On Belonging, Responsiveness and Hope

Ya’ir Ronen
HKD 1,409.80
Europe's Foreign Fighter Conundrum: Legal Responses, the Rule of Law, and Human Rights
T.M.C. Asser Press

Europe's Foreign Fighter Conundrum: Legal Responses, the Rule of Law, and Human Rights

Tarik Gherbaoui
HKD 1,861.00