This fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in armed conflicts across the world.
Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts - Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms - the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.
This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.
Edited by Robert Kolb, Professor of Public International Law, University of Geneva and Gloria Gaggioli, Doctor in International Law and Researcher, University of Geneva, Switzerland
Contents: Preface PART I: HISTORICAL BACKGROUND 1. The History of International Human Rights Law Maya Hertig Randall 2. Human Rights Law and International Humanitarian Law between 1945 and the Aftermath of the Teheran Conference of 1968 Robert Kolb 3. Theories on the Relationship between International Humanitarian Law and Human Rights Law Hans-Joachim Heintze 4. The Position of Individuals in Public International Law through the Lens of Diplomatic Protection: The Principle and its Transfiguration Giovanni Distefano PART II: COMMON ISSUES 5. The Relationship between International Human Rights and Humanitarian Law: An Overview Vera Gowlland-Debbas and Gloria Gaggioli 6. Extraterritorial Application of the Human Rights to Life and Personal Liberty, Including habeas corpus, During Situations of Armed Conflict Robert K. Goldman 7. Proportionality in the European Convention on Human Rights Enzo Cannizzaro and Francesca De Vittor 8. Human Rights Obligations of Non-state Armed Groups: A Possible Contribution from Customary International Law? Jean-Marie Henckaerts and Cornelius Wiesener 9. Positive Obligations in Human Rights Law During Armed Conflicts Sandra Krahenmann 10. Some Reflections on the Principle of Humanity in its Wide Dimension Antonio Augusto Cancado Trindade 11. Specificities of Human Rights Law and International Humanitarian Law Regarding State Responsibility Christian Tomuschat 12. The Quest for a Non-conflictual Coexistence of International Human Rights Law and Humanitarian Law: Which Role for the lex specialis Principle? Jean d'Aspremont and Elodie Tranchez 13. A lex favorabilis? Resolving Norm Conflicts between Human Rights Law and Humanitarian Law Anne-Laurence Graf-Brugere PART III: THE NEED FOR A COMBINED APPROACH 14. The Law of Occupation and Human Rights Law: Some Selected Issues Tristan Ferraro 15. Humanitarian Assistance to Protect Human Rights and International Humanitarian Law Roberto Giuffrida 16. The Prohibition of Enforced Disappearances: A Meaningful Example of a Partial Merger between Human Rights Law and International Humanitarian Law Gloria Gaggioli 17. `Humanitarian Rights': How to Ensure Respect for Human Rights and Humanitarian Law in Armed Conflicts Dan Kuwali 18. Human Rights Law and International Humanitarian Law as Limits for Security Council Action Michael Bothe 19. UN Territorial Administrations: Between International Humanitarian Law and Human Rights Law Ivan Ingravallo 20. International Humanitarian Law and Human Rights Rules in Agreements Regulating or Terminating an Internal Armed Conflict Luisa Vierucci PART IV: MONITORING MECHANISMS 21. Universal Human Rights Bodies and International Humanitarian Law Walter Kalin 22. The Inter-American Court of Human Rights and International Humanitarian Law Helene Tigroudja 23. The European Court of Human Rights and International Humanitarian Law Lindsay Moir 24. The African Union and International Humanitarian Law Djacoba Liva Tehindrazanarivelo 25. A New World Court of Human Rights: A Role for International Humanitarian Law? Manfred Nowak 26. The International Committee of the Red Cross and Human Rights Law Godofredo Torreblanca 27. The International Humanitarian Fact-Finding Commission and the Law of Human Rrights Eric David 28. Human Rights in the Context of International Criminal Law: Respecting Them and Ensuring Respect for Them Damien Scalia 29. Is There a Need for New International Humanitarian Law Implementation Mechanisms? Paolo Benvenuti and Giulio Bartolini 30. Reparation for Individual Victims of Armed Conflict Elke Schwager Index