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Full Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Contents
Introduction. The History of the Relationship Between International Humanitarian Law and Human Rights Law Noëlle Quénivet; Part A: Concepts and Theories: Chapter I. Fundamental Standards of Humanity: A Common Language of International Humanitarian Law and Human Rights Law Marco Odello; Chapter II. End Justifies the Means? - Post 9/11 Contempt for Humane Treatment Agnieszka Jachec-Neale; Chapter III. Legal Conclusion or Interpretative Process? Lex Specialis and the Applicability of International Human Rights Standards Conor McCarthy; Part B: Issues of Applicability: Chapter IV. Legal Reasoning and the Applicability of International Human Rights Standards During Military Occupation Conor McCarthy; Chapter V. Triggering State Obligations Extraterritorially: The Spatial Test in Certain Human Rights Treaties Ralph Wilde; Chapter VI. DRC v. Uganda: The Applicability of International Humanitarian Law and Human Rights Law in Occupied Territories Tom Ruys and Sten Verhoeven; Part C: Issues of Implementation: Chapter VII. Individuals as Subjects of International Humanitarian Law and Human Rights Law Cátia Lopes and Noëlle Quénivet; Chapter VIII. Concurrent Application of International Humanitarian Law and Human Rights Law: A Victim Perspective Jean-Marie Henckaerts; Chapter IX. The Implementation of International Humanitarian Law by Human Rights Courts: The Example of the Inter-American Human Rights System Emiliano J. Buis; Chapter X. "Collateral Damages" of Military Operations: Is Implementation of International Humanitarian Law Possible Using International Human Rights Law Tools? Giovanni Carlo Bruno; Chapter XI. The Role of the UN Security Council in Implementing International Humanitarian Law and Human Rights Law Gregor Schotten and Anke Biehler; Part D: The Protection of Specific Rights and Persons: Chapter XII. The Right to Life in International Humanitarian Law and Human Rights Law Noëlle Quénivet; Chapter XIII. Protection of Women in International Humanitarian Law and Human Rights Law Anke Biehler; Chapter XIV. Protection of Children in International Humanitarian Law and Human Rights Law Vesselin Popovski; Chapter XV. Unaccompanied Minors and the Right to Family Reunification in International Humanitarian Law and Human Rights Law: The Iraqi Experience Kyriaki Topidi; Chapter XVI. Crossing Legal Borders: The Interface Between Refugee Law, Human Rights Law and Humanitarian Law in the "International Protection" of Refugees Alice Edwards; Part E: Specific Situations: Chapter XVII. Fair Trial Guarantees in Occupied Territory - The Interplay between International Humanitarian Law and Human Rights Law Yutaka Arai-Takahashi; Chapter XVIII. Terrorism in International Humanitarian Law and Human Rights Law Roberta Arnold; Chapter XIX. Judging Justice: Laws of War, Human Rights, and the Military Commissions Act of 2006 Christian M. De Vos; Chapter XX. Targeted Killings and International Law: Law Enforcement, Self-defense, and Armed Conflict Michael N. Schmitt; Chapter XXI. Implementing the Concept of Protection of Civilians in the Light of International Humanitarian Law and Human Rights Law: The Case of MONUC Katarina Månsson; Conclusions Roberta Arnold; Index
