Principle or Pragmatics? The Relationship between Human Rights Law and the Law of Armed Conflict

2009 ◽  
Vol 14 (3) ◽  
pp. 449-457 ◽  
Author(s):  
I. Scobbie
Author(s):  
Tsvetelina van Benthem

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.


2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.


Author(s):  
Anders Henriksen

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.


1997 ◽  
Vol 46 (1) ◽  
pp. 55-80 ◽  
Author(s):  
Judith Gardam

The aim of this article is to extend the critique of human rights law by feminist scholars to humanitarian law—or the law of armed conflict, as it is more traditionally known. When reflecting generally on the role that international law plays in providing protection for women from the effects of violence the obvious starting point is the regime of human rights. So much of human suffering in today's world occurs, however, in the context of armed conflict where to a large extent human rights are in abeyance and individuals must rely on the protections offered by the law of armed conflict.1The debate that has been taking place for some years in the context of human rights as to the extent to which that system takes account of women&s lives needs to extend to the provisions of the law of armed conflict. Although commentators have convincingly demonstrated the limitations of the existing body of human rights law adequately to take account of the reality of women&s experience of the world,2the law of armed conflict is even more deficient. Moreover, despite the recent focus on rape in armed conflict as a result of the international outrage at the sexual abuse of women in the armed conflict in the former Yugoslavia, these shortcomings remain largely unaddressed.3At first glance this seems somewhat surprising until the special difficulties that flow from certain characteristics of the law of armed conflict are appreciated.


2019 ◽  
Vol 44 (1) ◽  
pp. 31-57
Author(s):  
Cornelia Klocker

Collective punishment describes the punishment of a group for an act allegedly committed by one or more of its members and is prohibited in times of armed conflict. It is not explicitly prohibited in situations outside of armed conflict governed by human rights law. This contribution centers on a case study on collective punishment in Chechnya from the two Chechen Wars up until today. Recent years have witnessed the destruction of family homes of alleged insurgents in Chechnya. As it is unclear whether the armed conflict in Chechnya is still ongoing, it is equally unclear whether the law of armed conflict and the explicit prohibition of collective punishment apply to those punitive house burnings. This contribution explores the relation between the law of armed conflict and human rights law regarding collective punishment and concludes that, theoretically, human rights law could encompass such a prohibition.


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