International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.
The Interplay between International Human Rights Law and International Humanitarian Law During International Criminal Trials
