Economic, Social, and Cultural Rights in Armed Conflict

Humanitarian Law ◽

Human Rights Protection ◽

Cultural Rights ◽

Rights Protection ◽

The Relationship ◽

Two Bodies

This chapter examines the protection of economic, social, and cultural rights in armed conflict under international human rights law (IHRL) and international humanitarian law (IHL). It analyses the relationship between such human rights protection and IHL rules and suggests that, despite the differences in the scope of the applicability of these two bodies of law, they are intricately interwoven and have become more so in recent times. It also compares the implementation mechanisms of IHL and IHRL and shows that human rights procedures are more varied, comprehensive in scope, and potentially more effective.

25. International humanitarian law

10.1093/he/9780198767237.003.0025 ◽

2017 ◽

Author(s):

Sandesh Sivakumaran

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human ◽

The Relationship ◽

Two Bodies

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

The Relationship between IHL and IHRL in Peacekeeping Operations: Articulating the Emerging AU Position

Journal of African Law ◽

10.1017/s0021855317000067 ◽

2017 ◽

Vol 61 (1) ◽

pp. 1-22 ◽

Cited By ~ 2

Author(s):

James Fowkes

Keyword(s):

Human Rights ◽

Humanitarian Law ◽

Human Rights Law ◽

Peacekeeping Operations ◽

International Human ◽

The Relationship ◽

Two Bodies

AbstractModern peacekeeping is increasingly expansive, and much of it occurs in Africa. The African Union's attitude to the challenges of regulating this modern peacekeeping is therefore an important source for the associated legal debates, but one that is often neglected (in part because the sources are limited and often in draft form). This article seeks to articulate and then critique the AU's emerging view on the application of international humanitarian law and international human rights law to peacekeeping activity and the relationship between the two bodies of law in this context. It argues that the AU's emerging position treats international humanitarian law as a narrowed lex specialis, only displacing international human rights law in relation to peacekeepers while they are actively engaged in armed conflict. Even this position, however, underestimates the extent to which the pervasive rights-based concerns in AU sources imply a still more pervasive application of international human rights law to its peacekeeping activities.

The Role of Necessity in International Humanitarian and Human Rights Law

Israel Law Review ◽

10.1017/s0021223713000265 ◽

2013 ◽

Vol 47 (2) ◽

pp. 225-251 ◽

Cited By ~ 4

Author(s):

Lawrence Hill-Cawthorne

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Current Article ◽

The nature of armed conflict has changed dramatically in recent decades. In particular, it is increasingly the case that hostilities now occur alongside ‘everyday’ situations. This has led to a pressing need to determine when a ‘conduct of hostilities’ model (governed by international humanitarian law – IHL) applies and when a ‘law enforcement’ model (governed by international human rights law – IHRL) applies. This, in turn, raises the question of whether these two legal regimes are incompatible or whether they might be applied in parallel. It is on this question that the current article focuses, examining it at the level of principle. Whilst most accounts of the principles underlying these two areas of law focus on humanitarian considerations, few have compared the role played by necessity in each. This article seeks to address this omission. It demonstrates that considerations of necessity play a prominent role in both IHL and IHRL, albeit with differing consequences. It then applies this necessity-based analysis to suggest a principled basis for rationalising the relationship between IHL and IHRL, demonstrating how this approach would operate in practice. It is shown that, by emphasising the role of necessity in IHL and IHRL, an approach can be adopted that reconciles the two in a manner that is sympathetic to their object and purpose.

Challenges in applying human rights law to armed conflict

International Review of the Red Cross ◽

10.1017/s1816383100184541 ◽

2005 ◽

Vol 87 (860) ◽

pp. 737-754 ◽

Cited By ~ 44

Author(s):

Noam Lubell

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Armed Conflicts ◽

Humanitarian Law ◽

Human Rights Law ◽

Cultural Rights ◽

Joint Application ◽

Starting Point ◽

AbstractThe debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if so, on how these two bodies of law can complement each other. This article takes the continuing applicability of human rights law as an accepted and welcome starting point, and proceeds to lay out some of the challenges and obstacles encountered during the joint application of IHL and Human Rights Law, that still need to be addressed. These include extra-territorial applicability of human rights law; the mandate and expertise of human rights bodies; terminological and conceptual differences between the bodies of law; particular difficulties raised in non-international armed conflicts; and the question of economic, social and cultural rights during armed conflict.

The Relationship between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict

Cambridge Journal of International and Comparative Law ◽

10.7574/cjicl.02.02.100 ◽

2013 ◽

Vol 2 (2) ◽

pp. 180-195 ◽

Cited By ~ 5

Author(s):

Daniel Bethlehem

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human ◽

Economic, Social and Cultural Rights in Armed Conflict: International Human Rights Law and International Humanitarian Law

The International Journal of Human Rights ◽

10.1080/13642980802069674 ◽

2008 ◽

Vol 12 (3) ◽

pp. 449-470 ◽

Cited By ~ 3

Author(s):

Elizabeth Mottershaw

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Cultural Rights ◽

International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

E-Theologos Theological revue of Greek Catholic Theological Faculty ◽

10.2478/v10154-010-0011-9 ◽

2010 ◽

Vol 1 (2) ◽

pp. 117-135

Author(s):

Bożena Drzewicka

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

The West ◽

Human Rights Protection ◽

Rights Protection ◽

The World ◽

International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

The redirection of attacks by defending forces

International Review of the Red Cross ◽

10.1017/s1816383121000679 ◽

2021 ◽

pp. 1-18

Author(s):

Tsvetelina van Benthem

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Prima Facie ◽

Humanitarian Law ◽

Human Rights Law ◽

Law Of Armed Conflict ◽

The Law ◽

Definition Of ◽

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.