International Humanitarian Law and International Human Rights Law
Series: Collected Courses of the Academy of European Law; XIX:1;
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 January 2011
- ISBN 9780191001604
- Binding Hardback
- No. of pages424 pages
- Size 240x163x29 mm
- Weight 781 g
- Language English 0
Categories
Short description:
This collection of essays examines the complex relationship of international human rights and humanitarian law. How can human rights be implemented on the battlefield? How do the legal regimes interact in new situations of armed conflict? The volume concludes by exploring the potential for fusing the two regimes into a new legal paradigm.
MoreLong description:
The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century.
The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes.
The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.
Ben-Naftali's edited collection provides a very worthwhile contribution to this debate, with a number of contributions in particular offering significant and novel insight into some of the complex and intricate legal problems that arise in this field. This collection is undoubtedly a useful contribution to the field.
Table of Contents:
I. Entree
Introduction: Pas de Deux
II. Adagio
Human Rights and Humanitarian Law as Competing Legal Paradigm for Fighting Terror
The Role of Human Rights and International Humanitarian Law in New Types of Armed Conflicts
Norm Conflicts, International Humanitarian Law and Human Rights Law
III. Variations
PathoLAWgical Occupation: Normalizing the Exceptional Case of the Occupied Palestinian Territory (OPT) and Other Legal Pathologies
The Role of the European Court of Human Rights in Monitoring Compliance with Humanitarian Law in Armed Conflict
Cultural Heritage in Human Rights and Humanitarian Law
IV. Coda
Are Victims of War Crimes Entitled to Compensation?
Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law
