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Human Rights and International Humanitarian Law: Challenges Ahead

Human Rights and International Humanitarian Law: Challenges Ahead

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781839108266
  • 出版时间 May 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,222.00

¥1,185.34 Save ¥36.66 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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