International Humanitarian Law and Human Rights Law: Towards a New Merger in International Law

Erscheinungsjahr 2008
ISBN: 978-90-04-16317-1
Verlag: Brill

Buch, Englisch, 600 Seiten, Format (B × H): 168 mm x 246 mm, Gewicht: 1111 g

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]

Zielgruppe

All those interested in human rights law, international humanitarian law, international criminal law as well as public international law.

Autoren/Hrsg.

Arnold, Roberta

Quénivet, Noëlle

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

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

Über Autor(innen)

Arnold, Roberta
Roberta Arnold, PhD (Bern, hons), LLM (Nottingham), is an independent legal adviser specializing in international humanitarian law, international criminal law, military law, law of operations, and law on peacekeeping. She has served as legal adviser within the Swiss Department of Defense, Staff to the Chief of the Armed Forces, Section Laws of Armed Conflict and as research assistant of public international law and international criminal law at the University of Bern, Switzerland, under the supervision of 'Prof. Walter Kälin' and 'Prof. G. Heine '. She is a candidate military investigating magistrate, holding the rank of legal officer, within the Swiss Military Justice and she is the correspondent from Switzerland for the 'Review of the International Society of Military Law and the Laws of War'. Her PhD on 'The ICC as a new instrument for the repression of terrorism', released by Brill in 2004, was awarded the Honorable Mention Prize by the Francis Lieber Society, a sub-group of ASIL, and the Walther-Hug Prize for being one of the best Swiss PhDs of the year.

Quénivet, Noëlle
Noëlle N.R. Quénivet, Ph.D. (Essex), LLM (Nottingham). She is Senior Lecturer at the University of the West of England. She has published several articles relating to international humanitarian law and the use of force as well as authored 'Sexual Offences in Armed Conflict and International Law' (Transnational Publishers, 2005), winner of the Francis Lieber Honorable Mention Award.

Roberta Arnold, PhD (Bern, hons), LLM (Nottingham), is an independent legal adviser specializing in international humanitarian law, international criminal law, military law, law of operations, and law on peacekeeping. She has served as legal adviser within the Swiss Department of Defense, Staff to the Chief of the Armed Forces, Section Laws of Armed Conflict and as research assistant of public international law and international criminal law at the University of Bern, Switzerland, under the supervision of Prof. Walter Kälin and Prof. G. Heine. She is a candidate military investigating magistrate, holding the rank of legal officer, within the Swiss Military Justice and she is the correspondent from Switzerland for the Review of the International Society of Military Law and the Laws of War. Her PhD on The ICC as a new instrument for the repression of terrorism, released by Brill in 2004, was awarded the Honorable Mention Prize by the Francis Lieber Society, a sub-group of ASIL, and the Walther-Hug Prize for being one of the best Swiss PhDs of the year.

Noëlle N.R. Quénivet, Ph.D. (Essex), LLM (Nottingham). She is Senior Lecturer at the University of the West of England. She has published several articles relating to international humanitarian law and the use of force as well as authored Sexual Offences in Armed Conflict and International Law (Transnational Publishers, 2005), winner of the Francis Lieber Honorable Mention Award.