This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies.
The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.
Louise Doswald-Beck is a Professor of International Law at the Graduate Institute of International and Development Studies at the Geneva Academy of International Humanitarian Law and Human Rights. She was formerly Director of its predecessor, the University Center for International Humanitarian Law. Initially a lecturer at the Universities of Exeter and London, between 1987 and 2001 she was a legal adviser at the International Committee of the Red Cross and became Head of the Legal Division in 1998. At the ICRC, she acted in negotiations leading to various international instruments: the Statute of the International Criminal Court and its Elements of Crimes, Protocols II and IV of the Convention on Certain Conventional Weapons, the Ottawa Convention on Anti-Personnel Landmines, and Protocol II to the Hague Convention on Cultural Property. She won the Ciardi Prize for co-authoring the ICRC Study on Customary International Humanitarian Law.
PART I: OVERARCHING ELEMENTS ; 1. Application of human right law ; 2. Ensuring rights ; 3. The regime of limitations and derogations ; 4. The role of international humanitarian law in human rights law ; 5. International measures to prevent terrorism and human rights ; PART II - ABSOLUTE PROHIBITIONS ; 6. Prohibition of arbitrary deprivation of life ; 7. Prohibition of torture, inhuman or degrading treatment or punishment ; 8. Prohibition of enforced disappearances ; PART III - FUNDAMENTAL REQUIREMENTS OF DUE PROCESS ; 9. Prohibition of arbitrary detention ; 10. Pre-trial detention ; 11. Crimes and the principle of legality ; 12. Right to be heard by a competent independent and impartial tribunal ; 13. Elements of fair trial ; PART IV LIMITATIONS TO FREEDOMS ; 14. Right to home, property, freedom of movement and residence ; 15. Participation in public life: freedom of expression, association and conscience ; 16. Protection of personal sphere: right to private and family life ; PART V - PROTECTION OF VULNERABLE AND DISADVANTAGED POPULATIONS ; 17. Economic, social and cultural rights ; 18. Human Rights law on the protection of vulnerable groups during armed conflict