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Human Rights and International Humanitarian Law: Challenges Ahead

Edited by: Norman Weiß, Andreas Zimmermann

ISBN13: 9781839108266
Published: May 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: May
Price: £104.00



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Where contemporary developments have significantly altered the implementation methods of, and relationship between, human rights law and international humanitarian law, this timely book looks at the future challenges of protecting human rights during and after armed conflicts. Leading scholars use critical case studies to shed light on new approaches used by international courts and experts to balance these two bodies of law.

Divided into four thematic parts, chapters explore the protection of specific groups and actors during conflicts, including organised armed groups, armed non-state actors, and refugees, as well as using divergent methodological approaches to analyse the extra-territorial application of human rights treaties. Shifting to post-conflict, the book further examines the tools and practices involved in building lasting peace and sustainable post-conflict order while avoiding future resurrection of armed conflict. It concludes by considering whether the traditional interpretation of international law is still apt for the twenty-first century.

Underlining the necessity of a more coherent application of international humanitarian law and human rights law, this incisive book will be invaluable to students and scholars from the two areas of law. Global in scope, it will also prove useful for humanitarian workers, and practitioners and policy makers involved in human rights law.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Remarks on the relationship between international human rights law and international humanitarian law
Norman Weiß and Andreas Zimmermann
PART I - DURING CONFLICT I: FOCUSING ON GROUPS AND ACTORS
2. Responsibility for supporting organised armed groups: a comparison between common Article 1 of the Geneva Conventions and the ICCPR
Daniel Elias Quiñones Møgster
3. Legal fragmentation and obligations for armed non-state actors: can international humanitarian law and international human rights law learn from each other?
Joshua Joseph Niyo
4. Protection of refugees in the refugee camps: perspectives on human rights obligations and implied powers of the UNHCR
Amity Meng-Ting Hsieh
PART II - DURING CONFLICT II: PUSHING LEGAL BOUNDARIES
5. Solving the ‘life of the nation’ conundrum: extraterritorial derogations in international military operations
Cornelius Wiesener
6. Do armed conflicts justify the application of Article 15 ECHR? Considering the extraterritorial application of the Convention
Hanna Wiczanowska
PART III - AFTER CONFLICT
7. Transitional justice and intersectionality in post-conflict societies
Ruth Amir
8. From ‘burying in oblivion’ to ubi jus ibi remedium: the development and complexities of accountability-based responses to victims of armed conflict
Emily Camins
9. Bridging the gap between impunity and human rights: international criminal justice
Khulisumuzi Kenneth Sithebe
10. Compensating victims of armed conflict: evidence from the European Court of Human Rights
Cornelia Klocker
PART IV - NEW APPROACHES AND PERSPECTIVES
11. Inter-state cases under the International Convention on the Elimination of All Forms of Racial Discrimination
David Keane
12. A seat at the table: Islamic law’s neglected potential in universalising international humanitarian law
Julie A. Fraser

Index