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Armed Conflict and Human Rights Law: Protecting Civilians and International Humanitarian Law [Kietas viršelis]

  • Formatas: Hardback, 168 pages, aukštis x plotis: 234x156 mm, weight: 371 g, 1 Tables, black and white; 2 Line drawings, black and white; 2 Illustrations, black and white
  • Serija: Globalization: Law and Policy
  • Išleidimo metai: 30-Jul-2021
  • Leidėjas: Routledge
  • ISBN-10: 0367773147
  • ISBN-13: 9780367773144
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 168 pages, aukštis x plotis: 234x156 mm, weight: 371 g, 1 Tables, black and white; 2 Line drawings, black and white; 2 Illustrations, black and white
  • Serija: Globalization: Law and Policy
  • Išleidimo metai: 30-Jul-2021
  • Leidėjas: Routledge
  • ISBN-10: 0367773147
  • ISBN-13: 9780367773144
Kitos knygos pagal šią temą:
"This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their co-applicability in armed conflict situations. The work examines the jurisprudence of the internationalhuman rights courts, and looks at the Inter American and European Human Rights Courts' caselaw in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs whileremaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community's legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of International Human Rights and International Humanitarian Law"--

This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their co-applicability in armed conflict situations.

The work examines the jurisprudence of the international human rights courts, and looks at the Inter American and European Human Rights Courts’ caselaw in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community’s legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations.

The book will be a valuable resource for academics, researchers and policy-makers in the areas of International Human Rights and International Humanitarian Law.



This book explores developments in international law regarding the relationship between human rights and international humanitarian law and their co-applicability in armed conflict situations.It will be valuable to academics, researchers and policymakers in International Human Rights and International Humanitarian Law.
List of illustrations
ix
Abbreviations x
1 Introduction
1(6)
2 Contemporary Traits of International Law
7(22)
Introduction
7(3)
The paradigm shift of international law and the international community
10(5)
Rules in international law
15(3)
The generalization of values in international law
18(4)
Complex international legal system
22(7)
3 Human Rights Law
29(35)
Historical considerations
29(4)
The rise of human rights morality
33(10)
The sacredness of human life
34(2)
Ethos of love
36(3)
Universal respect
39(4)
Human dignity
43(8)
Human rights (wannabe) universalism
51(7)
Positivist credential
52(1)
Self-evidence
53(1)
Universalizability
54(4)
Apparent conflicts
58(2)
Incommensurability
60(2)
Closing considerations
62(2)
4 The Law of Armed Conflict
64(20)
Historical background
64(3)
International humanitarian law: contemporary traits
67(2)
Geneva Conventions: rules and development
69(4)
Common Article 3 and the rule of civilian immunity
73(2)
Principles of necessity and humanity
75(4)
Contemporary wars and their hostis humani generis
79(2)
Closing considerations
81(3)
5 The Interplay Between International Humanitarian Law and Human Rights Law
84(47)
Initial thoughts
84(5)
Relationship to human dignity
89(3)
Derogation of human rights in times of emergency
92(5)
Today's assessment by court precedents
97(11)
The burden of morality
108(11)
Doctrine of double effect and utilitarianism
119(12)
6 Conclusion
131(10)
Bibliography 141(10)
Index 151
Daniel Ivo Odon is a legal advisor on human rights at the Brazilian Ministry of Women, Family and Human Rights. He has also taught Theory of Law and Human Rights Law at several Brazilian universities.