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The Duty to Investigate in Situations of Armed Conflict: An Examination under International Humanitarian Law, International Human Rights Law, and their Interplay

The Duty to Investigate in Situations of Armed Conflict: An Examination under International Humanitarian Law, International Human Rights Law, and their Interplay

作者： Floris Tan
出版商： Brill Nijhoff
ISBN: 9789004540934
出版时间 September 2023
规格： Hardback
适应领域： Netherlands ? 免责申明：
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This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities, is unfounded and in need of revision.
Acknowledgements
List of Figures
Abbreviations
Table of Cases
Table of Instruments

1. Introduction

Part 1: International Humanitarian Law
2. Introduction to the IHL System
3. The Duty to Investigate Violations of IHL
Part 2: International Human Rights Law
4. Introduction to the IHRL System
5. The Duty to Investigate under the Global Human Rights Systems
6. The Duty to Investigate under the Inter-American System of Human Rights Protection
7. The Duty to Investigate under the European System of Human Rights Protection
8. Duties of Investigation under International Human Rights Law – Conclusions

Part 3: Interplay
9. The Interplay between IHL and IHRL– A Roadmap
10. The Duty to Investigate under the Interplay of IHL and IHRL
11. Drawing Conclusions

Bibliography
Curriculum Vitae
Index

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