International humanitarian law and international human rights law : pas de deux / edited by Orna Ben-Naftali.

Format:

Book

Contributor:

Ben Naftali, Orna, editor.

Series:

Collected courses of the Academy of European Law ; Volume 19/1.

The Collected courses of the Academy of European Law ; Volume 19/1

Language:

English

Subjects (All):

Humanitarian law.

Human rights.

Physical Description:

1 online resource (1046 p.)

Place of Publication:

Oxford : Oxford University Press, [2011]

Language Note:

English

Summary:

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the neworthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering di

Contents:

Cover; Title Page; Copyright Page; Acknowledgements; Contents; Detailed Table of Contents; Notes on Contributors; Table of Cases; Table of Legislation; I. ENTRÉE; 1. Introduction: International Humanitarian Law and International Human Rights Law-Pas de Deux; II. ADAGIO; 2. Human Rights and Humanitarian Law as Competing Legal Paradigms for Fighting Terror; 1. The Development of Competing Paradigms; A. The 'law and order' paradigm; B. The 'armed conflict' paradigm; 2. The Emergence of a Mixed Paradigm?; A. The co-application of international humanitarian law (IHL) and human rights law

B. The remaining paradigmatic choice3. Conclusions; 3. The Role of Human Rights and International Humanitarian Law in New Types of Armed Conflicts; 1. Introduction; 2. The Allegedly 'New' Situations and the Situations for which the Existing Rules were Made; A. The allegedly new situations and the controversies surrounding them; B. The traditional armed conflicts for which international humanitarian law (IHL) was made; C. Some general thoughts on applying the 'old law' and 'new situations'

3. An Attempt to Apply Existing Rules of IHL and of International Human Rights Law (IHRL) to the Allegedly 'New' SituationsA. The applicability of IHL and of IHRL; B. The simultaneous application of IHL and IHRL in general; C. Unresolved problems in armed conflicts not of an international character; 4. Conclusion; 4. Norm Conflicts, International Humanitarian Law, and Human Rights Law; 1. Introduction; 2. A Relationship between Norms, not between Regimes; 3. Norm Conflict Avoidance and Norm Conflict Resolution; A. Defining norm conflict; B. Methods of norm conflict resolution

C. Methods of norm conflict avoidanceD. Unresolvable norm conflicts; 4. Is lex specialis a Rule of Conflict Avoidance or of Conflict Resolution?; 5. Areas of Potentially Unresolvable Norm Conflict; A. Preventive detention and judicial review of detention; B. Necessity in targeting; C. Transformative occupation; 6. Conclusion; III. VARIATIONS; 5. PathoLAWgical Occupation: Normalizing the Exceptional Case of the Occupied Palestinian Territory and Other Legal Pathologies; 1. Introduction; 2. Anatomy of the Regime; A. General; B. Intrinsic dimensions of the Israeli occupation

C. Extrinsic dimensions of the Israeli occupationD. The matrix of an illegal occupation; 3. The Paths of Law; A. General; B. The interpretive turn: crafting blind spots; C. The policy spin: turning a blind eye; 4. Concluding Comments: Eyes Wide Shut; 6. The Role of the European Court of Human Rights in Monitoring Compliance with Humanitarian Law in Armed Conflict; 1. Introduction; 2. The Relationship between the ECHR and International Humanitarian Law (IHL); A. The continued application of the ECHR in times of armed conflict

B. The extraterritorial application of the ECHR in times of armed conflict

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-172944-2

0-19-101856-2

0-19-102963-7

OCLC:

1108566930