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Human Rights in Armed Conflict: Law, Practice, Policy

Human Rights in Armed Conflict: Law, Practice, Policy

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Gerd Oberleitner
Cambridge University Press, 3/5/2015
EAN 9781107087545, ISBN10: 1107087546

Hardcover, 431 pages, 24.7 x 17.4 x 2.7 cm
Language: English

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.

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.