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Human Rights in Armed Conflict
Law, Practice, Policy

  • Date Published: February 2015
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781316237151

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About the Authors
  • It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

    • A comprehensive analysis of the role of human rights in armed conflict
    • Analyzes the legal theory, practice and policy of human rights law in armed conflict
    • An exhaustive exploration of the role and jurisprudence of international (UN and regional) human rights bodies in armed conflict situations
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    Reviews & endorsements

    'This is a formidable undertaking … The care [Oberleitner] takes in considering the competing arguments, coupled with his lucid style, make for instructive as well as enjoyable reading.' Human Rights Law Review

    'In Human Rights in Armed Conflict, Gerd Oberleitner offers a meticulous analysis and asks profound questions about the 'purpose, nature and scope of the whole jus in bello' … a very welcome addition to the literature on human rights in armed conflicts.' Ezequiel Heffes, International Review of the Red Cross

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    Product details

    • Date Published: February 2015
    • format: Adobe eBook Reader
    • isbn: 9781316237151
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Part I. Human Rights in Armed Conflict: History of an Idea:
    1. From mediaeval sources to modernity
    2. The science of warfare and the progress of civilization
    3. 1945: whither war?
    4. Human rights in armed conflict
    Part II. Human Rights and Humanitarian Law: Theory:
    5. Exclusivity: the misconceived idea of lex specialis
    6. Complementarity: maximizing protection
    7. Integration: the transformative influence of human rights
    Part III. Human Rights and Humanitarian Law: Challenges and Commonalities:
    8. The right to life: the limits of human rights in armed conflict?
    9. The extraterritorial application of human rights: functional universality
    10. War as emergency: derogation
    11. Human rights and humanitarian obligations
    12. Operationalising human rights in armed conflict
    Part IV. The Dynamics of War and Law:
    13. The changing character of war
    14. Governing internal armed violence
    15. Human rights in situations of occupation
    16. Context: the humanization of international law
    Part V. Enforcement: Practice and Potential:
    17. United Nations Human Rights Council: monitoring armed conflicts
    18. United Nations High Commissioner for Human Rights
    19. United Nations human rights treaty bodies
    20. The Inter-American human rights system
    21. The European Court of Human Rights
    22. The African Commission on Human and Peoples' Rights
    23. Monitoring and litigating humanitarian rights: prospects

  • Author

    Gerd Oberleitner, Karl-Franzens-Universität Graz, Austria
    Gerd Oberleitner is Associate Professor of International Law and the Law of International Organisations at the Institute of International Law and International Relations, University of Graz. His publications include Global Human Rights Institutions: Between Remedy and Ritual (2007).

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