Download e-book for kindle: International Humanitarian Law and Human Rights Law: Towards by Roberta Arnold, Noelle Quenivet

Human Rights

By Roberta Arnold, Noelle Quenivet

The ebook addresses the present factor of the applicability and alertness of overseas human rights legislations and overseas humanitarian legislation in occasions of armed clash. students chronologically argued that merely overseas humanitarian legislations was once acceptable, that either felony regimes have been appropriate, and finally that foreign humanitarian legislation used to be the lex specialis of human rights legislation. the latest pattern, supported by means of the examine conducted during this publication, indicates that overseas humanitarian legislations and human rights legislations are slowly merging right into a unmarried algorithm. The e-book examines normal concerns with regards to applicability and the implementation of the 2 criminal regimes in addition to offers case reviews targeting particular rights or people.

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Additional resources for International Humanitarian Law and Human Rights Law: Towards a New Merger in International Law

Sample text

Thus, as a practical matter, application of common Article 3 by a State party to the American Convention involved in internal hostilities imposes no additional burdens on [a State], or disadvantages its armed forces vis-à-vis dissident groups. 125 120 121 122 123 124 125 See Aksoy v. Turkey, (1997) 23 EHRR 553; Kaya v. R. Reports 1998-I, No. 65, 297; Güleç v. R. Reports 1998-IV, No. 80, 1698; Ergi v. R. Reports 1998-IV, No. 81, 1671. McCann and Others v. United Kingdom ECHR Series A, Vol. 324 (1996), para.

For instance, Vigny & Thompson, supra, at 194 consider five sources. The ICRC had started developing the research work regarding the definition and development of customary law applicable in international and non-international armed conflict in 1995. This study was published as Jean-Marie Henckaerts & Louise Doswald-Beck, Customary International Humanitarian Law (3 volumes, 2005) [hereinafter CIHL]. N. Doc. 4/1998/87, supra note 62, para 49. See in particular Louise Doswald-Beck & Sylvain Vité, supra note 20.

The treaties and rules concerning the means and methods of warfare include several treaties, among the most relevant: Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 29 July 1899; Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907, Dietrich Schindler & Jiri Toman, The Laws of Armed Conflicts 263–264 (1988) [hereinafter Schindler & Toman].

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