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 2-10 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
Building Bridges in European and Human Rights Law: Essays in Honour and Memory of Paul Heim CMG
Hart Publishing

Building Bridges in European and Human Rights Law: Essays in Honour and Memory of Paul Heim CMG

Michael-James Clifton; Suzanne Rab; David Scorey QC
HKD 529.49
Principled Resistance to ECtHR Judgments - A New Paradigm?
Springer-Verlag

Principled Resistance to ECtHR Judgments - A New Paradigm?

Marten Breuer
HKD 1,462.00
Justice for Atrocities: Dialogues and Encounters between Latin America and Europe
Routledge

Justice for Atrocities: Dialogues and Encounters between Latin America and Europe

Marco Longobardo; Juan-Pablo Perez-Leon-Acevedo
HKD 1,954.55
International Protection of Socio-Economic Rights: An Interactional Approach
Routledge

International Protection of Socio-Economic Rights: An Interactional Approach

Aristi Volou
HKD 1,954.55
Children's Rights and Sustainable Development: Interpreting the UNCRC for Future Generations
Cambridge University Press

Children's Rights and Sustainable Development: Interpreting the UNCRC for Future Generations

Clarie Fenton-Glynn
HKD 1,525.81
Civil Liberties & Human Rights, 4th Edition
Routledge

Civil Liberties & Human Rights, 4th Edition

Helen Fenwick
HKD 466.57