The Right to Life Protected Persons During Armed Conflict: A Comparative Study of International Humanitarian Law and Human Rights Law PDF Download
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Author: Saqib Jawad
Publisher:
ISBN: 9789975341189
Category : Law
Languages : en
Pages : 298
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Book Description
Discussion on the rights of human beings can be traced back to the beginning of humanity itself. Not only a human being possesses certain rights with his birth, rather unborn also possesses some rights, which are universally recognized in today's world in one way or the other. All the rights of human beings hold importance in their respective spheres, but unquestioningly, the right to life is the most important, because, without the existence of the right to life, the existence of all other rights becomes redundant. However, in various areas, importance and protection of the right to life have been ignored for one reason or the other. Same treatment has been done with this right when the question of its protection is raised during armed conflicts. Though conflicts are always deadly, they are also subject to certain rules. 'The law of armed conflict' also known as 'international humanitarian law'(IHL) is the applicable law during armed conflict, but 'human rights law' (HRL) is also equally applicable during such a situation. However, it has been noticed that IHL and HRL contain different criteria in respect of protection of the right to life during armed conflict. Generally speaking, IHL contains a bit liberal approach, while on the other hand, HRL contains a bit strict approach in respect of protection of the right to life. However, both branches of international law have their own importance, depending upon the prevailing situation and nature of the armed conflict. This book intends to highlight these gaps and suggest suitable measures for better protection of this core human right, the right to life.
Author: Saqib Jawad
Publisher:
ISBN: 9789975341189
Category : Law
Languages : en
Pages : 298
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Book Description
Discussion on the rights of human beings can be traced back to the beginning of humanity itself. Not only a human being possesses certain rights with his birth, rather unborn also possesses some rights, which are universally recognized in today's world in one way or the other. All the rights of human beings hold importance in their respective spheres, but unquestioningly, the right to life is the most important, because, without the existence of the right to life, the existence of all other rights becomes redundant. However, in various areas, importance and protection of the right to life have been ignored for one reason or the other. Same treatment has been done with this right when the question of its protection is raised during armed conflicts. Though conflicts are always deadly, they are also subject to certain rules. 'The law of armed conflict' also known as 'international humanitarian law'(IHL) is the applicable law during armed conflict, but 'human rights law' (HRL) is also equally applicable during such a situation. However, it has been noticed that IHL and HRL contain different criteria in respect of protection of the right to life during armed conflict. Generally speaking, IHL contains a bit liberal approach, while on the other hand, HRL contains a bit strict approach in respect of protection of the right to life. However, both branches of international law have their own importance, depending upon the prevailing situation and nature of the armed conflict. This book intends to highlight these gaps and suggest suitable measures for better protection of this core human right, the right to life.
Author: Christian Tomuschat
Publisher: BRILL
ISBN: 9004189653
Category : Law
Languages : en
Pages : 432
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Book Description
The right to life is the cornerstone of human rights protection. This book explores the mechanisms and procedures through which at international level the attempt is made to safeguard human life against all structural threats, even in armed conflict.
Author: Orna Ben-Naftali
Publisher: Oxford University Press
ISBN: 0191001600
Category : Law
Languages : en
Pages : 425
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Book Description
Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.
Author: George Dvaladze
Publisher: Edward Elgar Publishing
ISBN: 1035315254
Category : Political Science
Languages : en
Pages : 317
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Book Description
In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict. The book provides a general overview of the guarantees of equality and non-discrimination under both International Humanitarian Law (IHL) and human rights, demonstrating key principles and notions with illustrative examples from contemporary armed conflicts. This book will be a beneficial resource for legal audiences interested in international law, namely law of armed conflict or IHL, human rights, and non-discrimination.
Author: Roberta Arnold
Publisher: BRILL
ISBN: 9047431871
Category : Law
Languages : en
Pages : 608
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Book Description
The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the lex specialis of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental]
Author: Louise Doswald-Beck
Publisher: OUP Oxford
ISBN: 0191621595
Category : Law
Languages : en
Pages : 600
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Book Description
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.
Author: Ian Park
Publisher: Oxford University Press
ISBN: 0192554476
Category : Law
Languages : en
Pages : 273
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Book Description
The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves. In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 130
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Book Description
International human rights law and international humanitarian law share the goal of preserving the dignity and humanity of all. Over the years, the General Assembly, the Commission on Human Rights and, more recently, the Human Rights Council have considered that, in armed conflict, parties to the conflict have legally binding obligations concerning the rights of persons affected by the conflict. Although different in scope, international human rights law and international humanitarian law offer a series of protections to persons in situations of armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants in the conflict. This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons.
Author: Amrei Müller
Publisher: Martinus Nijhoff Publishers
ISBN: 9004245286
Category : Law
Languages : en
Pages : 363
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Book Description
In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts. With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance. It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.
Author: Stuart Casey-Maslen
Publisher: Cambridge University Press
ISBN: 1316511448
Category : Law
Languages : en
Pages : 325
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Book Description
The first comprehensive treatment of international law and policy on the protection of civilians in armed conflict.
