International Humanitarian Law and International Human Rights Law

Nonfiction, Reference & Language, Law, International
Cover of the book International Humanitarian Law and International Human Rights Law by , OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780191018565
Publisher: OUP Oxford Publication: January 13, 2011
Imprint: OUP Oxford Language: English
Author:
ISBN: 9780191018565
Publisher: OUP Oxford
Publication: January 13, 2011
Imprint: OUP Oxford
Language: English

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

More books from OUP Oxford

Cover of the book How Lives Change by
Cover of the book Prisoners, Solitude, and Time by
Cover of the book Reforming French Culture by
Cover of the book The Ring of Words by
Cover of the book Re-Forming Capitalism by
Cover of the book The Marquis de Sade: A Very Short Introduction by
Cover of the book Circular Statistics in R by
Cover of the book Prevention and the Limits of the Criminal Law by
Cover of the book Meaning in Life by
Cover of the book Marine Biodiversity and Ecosystem Functioning by
Cover of the book Reason and Faith by
Cover of the book Counter-Terrorism Networks in the European Union by
Cover of the book The Oxford Handbook of Anglican Studies by
Cover of the book The Enlightenment: A Very Short Introduction by
Cover of the book Stellar Magnetism by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy