Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations
About the publication The book explores the implications of the increased interplay between international human rights law (IHRL) and international humanitarian law (IHL) in military operations, sometimes in ways that imply convergence and other times in ways that suggest conflict. These convergenc...
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| Auteurs principaux: | , |
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| Format: | Online |
| Langue: | anglais |
| Publié: |
Pretoria University Law Press (PULP)
2022
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| Accès en ligne: | 44963 |
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| _version_ | 1869524105863102464 |
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| author | Jann Kleffner Erika de Wet |
| author_browse | Erika de Wet Jann Kleffner |
| author_facet | Jann Kleffner Erika de Wet |
| author_sort | Jann Kleffner |
| collection | Directory of Open Access Books |
| description | About the publication
The book explores the implications of the increased interplay between international human rights law (IHRL) and international humanitarian law (IHL) in military operations, sometimes in ways that imply convergence and other times in ways that suggest conflict. These convergences and/ or conflicts are particularly acute in non-international armed conflicts, situations of belligerent occupation and in the area of peace support operations (PSOs). Non-international armed conflicts imply that individuals, including members of organized non-state armed groups and civilians that directly participate in hostilities, are ‘within the jurisdiction’ of the territorial state against whom they are fighting. IHRL and IHL may therefore apply in parallel. In a similar vein, the control exercised by a belligerent occupant regularly entails an exercise of ‘jurisdiction’ and hence triggers the applicability of human rights norms. As far as PSOs are concerned, it becomes increasingly difficult to classify them as taking place in a context of ‘peace’ or ‘armed conflict’. More often than not, the situation implies elements of both. In all of the aforementioned contexts, the interplay between the fields of IHRL and IHL as the areas of law that provide the most pertinent regulatory frameworks for the conduct of pertinent actors – states, international organisations, organised armed groups and individuals – is elevated to great practical significance. This edited volume contains 16 peer-reviewed essays by academics and practitioners.
About the editors:
Erika de Wet is Co-Director of the Institute for International and Comparative Law in Africa and Professor of International Law in the Faculty of Law of the University of Pretoria.
Jann Kleffner is Professor of International Law and Head of the International Law Centre at the Swedish Defence University. |
| format | Online |
| id | doab-20.500.12854ir-44043.2 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | Pretoria University Law Press (PULP) |
| publisherStr | Pretoria University Law Press (PULP) |
| record_format | ojs |
| spelling | doab-20.500.12854ir-44043.22024-03-30T12:52:01Z Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations Jann Kleffner Erika de Wet K1-7720 thema EDItEUR::L Law About the publication The book explores the implications of the increased interplay between international human rights law (IHRL) and international humanitarian law (IHL) in military operations, sometimes in ways that imply convergence and other times in ways that suggest conflict. These convergences and/ or conflicts are particularly acute in non-international armed conflicts, situations of belligerent occupation and in the area of peace support operations (PSOs). Non-international armed conflicts imply that individuals, including members of organized non-state armed groups and civilians that directly participate in hostilities, are ‘within the jurisdiction’ of the territorial state against whom they are fighting. IHRL and IHL may therefore apply in parallel. In a similar vein, the control exercised by a belligerent occupant regularly entails an exercise of ‘jurisdiction’ and hence triggers the applicability of human rights norms. As far as PSOs are concerned, it becomes increasingly difficult to classify them as taking place in a context of ‘peace’ or ‘armed conflict’. More often than not, the situation implies elements of both. In all of the aforementioned contexts, the interplay between the fields of IHRL and IHL as the areas of law that provide the most pertinent regulatory frameworks for the conduct of pertinent actors – states, international organisations, organised armed groups and individuals – is elevated to great practical significance. This edited volume contains 16 peer-reviewed essays by academics and practitioners. About the editors: Erika de Wet is Co-Director of the Institute for International and Comparative Law in Africa and Professor of International Law in the Faculty of Law of the University of Pretoria. Jann Kleffner is Professor of International Law and Head of the International Law Centre at the Swedish Defence University. 2022-11-17T10:26:49Z 2021-02-11T10:35:12Z 2022-11-17T10:26:49Z 2020-04-10 09:44:45 2014 book 44963 9781920538323 https://directory.doabooks.org/handle/20.500.12854/44043.2 eng application/octet-stream image/jpeg Attribution 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International http://www.pulp.up.ac.za/edited-collections/convergence-and-conflicts-of-human-rights-and-international-humanitarian-law-in-military-operations https://www.pulp.up.ac.za/component/edocman/edited-collections/convergence-and-conflicts-of-human-rights-and-international-humanitarian-law-in-military-operations?Itemid=147 Pretoria University Law Press (PULP) 20df0dc0-18ea-432a-9877-b3f142eb440d 9781920538323 416 open access |
| spellingShingle | K1-7720 thema EDItEUR::L Law Jann Kleffner Erika de Wet Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations |
| title | Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations |
| title_full | Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations |
| title_fullStr | Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations |
| title_full_unstemmed | Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations |
| title_short | Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations |
| title_sort | convergence and conflicts of human rights and international humanitarian law in military operations |
| topic | K1-7720 thema EDItEUR::L Law |
| topic_facet | K1-7720 thema EDItEUR::L Law |
| url | 44963 |
| work_keys_str_mv | AT jannkleffner convergenceandconflictsofhumanrightsandinternationalhumanitarianlawinmilitaryoperations AT erikadewet convergenceandconflictsofhumanrightsandinternationalhumanitarianlawinmilitaryoperations |