International Humanitarian Law and International Human Rights Law PDF Download

Author: Orna Ben-Naftali
Publisher: Oxford University Press
ISBN: 0191001600
Category : Law
Languages : en
Pages : 425

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Book Description
Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

Author: Roberta Arnold
Publisher: BRILL
ISBN: 9047431871
Category : Law
Languages : en
Pages : 608

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Book Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]

Author: Anne Quintin
Publisher: Edward Elgar Publishing
ISBN: 1839107448
Category : Law
Languages : en
Pages : 384

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Book Description
This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.

Author: Francisco Forrest Martin
Publisher: Cambridge University Press
ISBN: 9780521187817
Category : Political Science
Languages : en
Pages : 0

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Book Description
This volume introduces law students to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. It also discusses the history and organizational structure of human rights and humanitarian law enforcement mechanisms. Relevant to U.S. audiences, a chapter is devoted to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions & Comments sections provide critical analyses of issues raised in the materials.

Author: Yutaka Arai
Publisher: BRILL
ISBN: 9004162461
Category : Law
Languages : en
Pages : 801

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Book Description
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

Author: Francisco Forrest Martin
Publisher: Cambridge University Press
ISBN: 9781139448932
Category : Political Science
Languages : en
Pages : 1028

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Book Description
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

Author: Christian Tomuschat
Publisher: BRILL
ISBN: 9004189653
Category : Law
Languages : en
Pages : 432

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Book Description
The right to life is the cornerstone of human rights protection. This book explores the mechanisms and procedures through which at international level the attempt is made to safeguard human life against all structural threats, even in armed conflict.

Author: René Provost
Publisher: Cambridge University Press
ISBN: 1139432532
Category : Law
Languages : en
Pages : 464

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Book Description
How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610

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Book Description
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Author: Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199658803
Category : History
Languages : en
Pages : 767

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Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.