Theoretical boundaries of armed conflict and human rights / edited by Jens David Ohlin.

Format:

Book

Contributor:

Ohlin, Jens David, editor.

Series:

ASIL studies in international legal theory

Language:

English

Subjects (All):

War (International law).

Human rights.

Physical Description:

1 online resource (xiii, 402 pages) : digital, PDF file(s).

Place of Publication:

New York : Cambridge University Press, 2016.

System Details:

text file

PDF

Summary:

In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

Contents:

Part I Convergence & Divergence of Human Rights and Laws of War p. 23

1 Laws for War p. 25 / Adil Ahmad Haque

2 Human Rights Thinking and the Laws of War p. 45 / David Luban

3 The Lost Origins of Lex Specialis: Rethinking the Relationship between Human Rights and International Humanitarian Law p. 78 / Marko Milanovic

4 Acting as a Sovereign versus Acting as a Belligerent p. 118 / Jens David Ohlin

Part II Conceptual Limits of the Law of War Framework p. 155

5 Ending the Global War: The Power of Human Rights in a Time of Unrestrained Armed Conflict p. 157 / Jonathan Horowitz

6 Folk International Law: 9/11 Lawyering and the Transformation of the Law of Armed Conflict to Human Rights Policy and Human Rights Law to War Governance p. 192 / Naz K. Modirzadeh

7 The Use and Abuse of Analogy in IHL p. 232 / Kevin Jon Heller

Part III New Frameworks for Regulating Armed Violence p. 287

8 Forcible Alternatives to War: Legitimate Violence in 21st Century International Relations p. 289 / Janina Dill

9 Whither International Martial Law?: Human Rights as Sword and Shield in Ineffectively Governed Territory p. 315 / John C. Dehn

10 The Next Geneva Convention: Filling a Law-of-War Gap with Human Rights Values p. 363 / Brian Orend.

Notes:

Title from publisher's bibliographic system (viewed on 04 Jul 2016).

Other Format:

Print version:

ISBN:

9781316481103

Access Restriction:

Restricted for use by site license.