Law applicable to armed conflict / Ziv Bohrer, Janina Dill, Helen Duffy.

Format:

Book

Author/Creator:

Bohrer, Ziv, author.

Dill, Janina, 1983- author.

Duffy, Helen (Law teacher), author.

Series:

Max Planck trialogues on the law of peace and war ; 2.

Max Planck trialogues on the law of peace and war ; 2

Language:

English

Subjects (All):

War (International law).

Humanitarian law.

Physical Description:

1 online resource (vii, 288 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2020.

Summary:

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

Contents:

Cover

Half-title page

Series page

Title page

Copyright page

Contents

Introduction: International Law Governing Armed Conflict

I. The Application of International Humanitarian Law

II. The Emergence and Influence of Human Rights

III. A Clash of Paradigms?

IV. Three Voices in a Trialogue

1 Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication

I. Introduction

A. Practice, Politics and Positioning of Parties

B. The Complexity of Conflict

C. Co-applicability Confirmed

D. Applicability in an Age of Adjudication

II. Applicability of IHL and IHRL, and Outstanding Controversies

A. Applicability Ratione Materiae

B. Applicability Ratione Personae: Personal Applicability

C. Applicability Ratione Loci: the Question of Geographic Scope

D. Applicability Ratione Temporis

III. Co-applicability and Human Rights Litigation

A. Context: Increased Engagement across Diverse Treaties and Treaty-body Functions

B. Evolving Approaches to Co-applicability in Human Rights Adjudication

IV. Co-applicability and Interplay: Harmonious Interpretation, Lex Specialis and Beyond

A. Harmonious Interpretation

B. Lex specialis! The Harry Potter Approach?

C. Weighted Co-applicability and Prioritisation

D. Interpretative Approaches to IHRL of Relevance to Co-applicability

E. Conclusions on Contextual Co-Applicability: Norms and Context

V. Examples of Interplay and Outstanding Questions

A. Detention (and Review of Lawfulness) in Non-International Armed Conflict?

B. Lethal Force and 'Targeted Killings'

C. Cyberspace

D. Investigation and Accountability

VI. Conclusion: Leaning In

2 Divisions over Distinctions in Wartime International Law

I. Classification Crisis and Novel Wars

A. Blurred Wartime-Peacetime Divide.

B. Blurred Principle of Distinction

C. The Demise of Battles

D. Unprecedented Wars

II. Normative Novelty

A. Westphalia

B. NIAC Law

C. Lotus

III. Core Jurisdiction Struggle: the Actual Crisis

A. US and International Law

B. The Second Eye of the Storm: IHRL

IV. Conclusion

3 Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities

II. The Human Right to Life and the Permissibility of Killing according to IHL

A. IHL and the Rights of Individuals in War

B. IHL and Civilians' Human Right to Life during Hostilities

C. IHL and Soldiers' Human Right to Life during Hostilities

D. IHL's Authorisation of Conduct that Amounts to a Human Rights Violation

III. The Moral Right to Life and the Legal Permissibility of Killing in War

A. The Law's Moral Tasks in War

B. IHRL and the Moral Right to Life

C. IHL and the Moral Right to Life

IV. Six Types of Armed Conflict

A. When is a Violent Confrontation an Armed Conflict?

B. When does Intensity Matter?

V. Discharging the Law's Moral Tasks in Armed Conflicts

A. The Use of Force across International Borders and the Law's First Moral Task

B. The Intensity of Hostilities and the Law's First Moral Task

C. The Legal Context and the Law's First Moral Task

D. The Use of Force across International Borders, the Intensity of Hostilities and the Law's Second Moral Task

VI. Conclusion

Conclusions: Productive Divisions

I. Classifying Armed Conflicts

II. Norm Conflict between IHL and IHRL

III. Legal Mechanisms of Coordination

IV. Normative Perspectives

V. Concluding Reflections

Index.

Notes:

Title from publisher's bibliographic system (viewed on 15 Jan 2020).

ISBN:

9781108585682

110858568X

9781108753111

1108753116

9781108674416

1108674410

OCLC:

1159162277