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Equality and Non-Discrimination in Armed Conflict: Humanitarian and Human Rights Law in Practice


ISBN13: 9781035315246
Published: December 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £110.00



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Although expressly prohibited under international law, discrimination is amongst the humanitarian issues that adversely impact persons, communities, and society at large, in all types of armed conflicts. In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict.

Discrimination is often the root cause of, or it is intrinsically linked to, armed conflict. The realities of such situations can also exacerbate inequalities that predate the outbreak of the conflict. Addressing a significant dearth in legal literature, this discerning book analyses an array of sources of international humanitarian law (IHL) and human rights law in order to define a method to distinguish between prohibited discrimination and other differentiations in armed conflict that are permitted or even required by law. To facilitate the evaluation of a practice as discrimination, Dvaladze utilises illustrative examples from recent practices in contemporary armed conflicts and interactive flowcharts.

Offering in-depth analysis of the principles of equality and non-discrimination in armed conflict, this book will be a beneficial resource for audiences interested in international law, namely law of armed conflict or IHL and human rights. Practitioners, policymakers, and academics, as well as those in the wider humanitarian sector, will find this book to be a valuable read.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction

PART I. GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY
1. Overview of IHL guarantees on equality and non-discrimination 2. Overview of human rights guarantees on equality and non-discrimination and their applicability in armed conflict 3. Equality, adverse distinction and discrimination under IHL and human rights law

PART II. EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS
4. Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5. Adverse distinction in the conduct of hostilities General conclusion

Bibliography
Index