Description
Book SynopsisWhere contemporary developments have significantly altered the implementation methods of, and relationship between, human rights law and international humanitarian law, this timely book looks at the future challenges of protecting human rights during and after armed conflicts. Leading scholars use critical case studies to shed light on new approaches used by international courts and experts to balance these two bodies of law.
Table of ContentsContents: 1 Remarks on the relationship between international human rights law and international humanitarian law 1 Norman Weiß and Andreas Zimmermann PART I DURING CONFLICT I: FOCUSING ON GROUPS AND ACTORS 2 Responsibility for supporting organised armed groups: a comparison between common Article 1 of the Geneva Conventions and the ICCPR 12 Daniel Elias Quiñones Møgster 3 Legal fragmentation and obligations for armed non-state actors: can international humanitarian law and international human rights law learn from each other? 31 Joshua Joseph Niyo 4 Protection of refugees in the refugee camps: perspectives on human rights obligations and implied powers of the UNHCR 53 Amity Meng-Ting Hsieh PART II DURING CONFLICT II: PUSHING LEGAL BOUNDARIES 5 Solving the ‘life of the nation’ conundrum: extraterritorial derogations in international military operations 75 Cornelius Wiesener 6 Do armed conflicts justify the application of Article 15 ECHR? Considering the extraterritorial application of the Convention 94 Hanna Wiczanowska PART III AFTER CONFLICT 7 Transitional justice and intersectionality in post-conflict societies 112 Ruth Amir 8 From ‘burying in oblivion’ to ubi jus ibi remedium: the development and complexities of accountability-based responses to victims of armed conflict 132 Emily Camins 9 Bridging the gap between impunity and human rights: international criminal justice 155 Khulisumuzi Kenneth Sithebe 10 Compensating victims of armed conflict: evidence from the European Court of Human Rights 173 Cornelia Klocker PART IV NEW APPROACHES AND PERSPECTIVES 11 Inter-state cases under the International Convention on the Elimination of All Forms of Racial Discrimination 197 David Keane 12 A seat at the table: Islamic law’s neglected potential in universalising international humanitarian law 223 Julie A. Fraser Index
