Overview

Where 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. Divided into four thematic parts, chapters explore the protection of specific groups and actors during conflicts, including organised armed groups, armed non-state actors, and refugees, as well as using divergent methodological approaches to analyse the extra-territorial application of human rights treaties. Shifting to post-conflict, the book further examines the tools and practices involved in building lasting peace and sustainable post-conflict order while avoiding future resurrection of armed conflict. It concludes by considering whether the traditional interpretation of international law is still apt for the twenty-first century. Underlining the necessity of a more coherent application of international humanitarian law and human rights law, this incisive book will be invaluable to students and scholars from the two areas of law. Global in scope, it will also prove useful for humanitarian workers, and practitioners and policy makers involved in human rights law.

Full Product Details

Author:   Andreas Zimmermann ,  Norman Weiß
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 15.60cm , Height: 2.10cm , Length: 23.40cm
Weight:   0.518kg
ISBN:  

9781839108266

ISBN 10:   1839108266
Pages:   272
Publication Date:   20 May 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents: 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

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Author Information

Edited by Norman Weiß, Extraordinary Professor, Law Faculty and Permanent Senior Fellow, Human Rights Centre, University of Potsdam and Andreas Zimmermann, Professor of Public, Public International and European Union Law, Professor of European and Public International Business Law, and Director of the Human Rights Centre, University of Potsdam, Germany

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