Research Handbook on Human Rights and Humanitarian Law

by Robert Kolb (Editor), Gloria Gaggioli (Editor)

Overview

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.

Contributors include: G. Bartolini, P. Benvenuti, M. Bothe, A.A. Cançado-Trindade, E. Cannizzaro, J. d'Aspremont, E. David, F. De Vittor, G. Distefano, T. Ferraro, G. Gaggioli, R. Giuffrida, R.K. Goldman, V. Gowlland-Debbas, A.-L. Graf-Brugère, H.-J. Heintze, J.-M. Henckaerts, M. Hertig Randall, I. Ingravallo, W. Kälin, R. Kolb, S. Krähenmann, D. Kuwali, L. Moir, M. Nowak, D. Scalia, E. Schwager, D.L. Tehindrazanarivelo, H. Tigroudja, C. Tomuschat, G. Torreblanca, E. Tranchez, L. Vierucci, C. Wiesener

Product Details

ISBN-13:	9781782540304
Publisher:	Edward Elgar Publishing
Publication date:	10/29/2014
Series:	Research Handbooks in Human Rights series
Pages:	704
Product dimensions:	6.60(w) x 9.50(h) x 1.50(d)

About the Author

Edited by Robert Kolb, Professor of Public International Law, Faculty of Law, University of Geneva and Gloria Gaggioli, Director, Geneva Academy of International Humanitarian Law and Human Rights and Associate/SNF Professor, Faculty of Law, University of Geneva, Switzerland

Table of Contents

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 Krähenmann

10. Some Reflections on the Principle of Humanity in its Wide Dimension
Antônio Augusto Cançado 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-Brugère

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 Kälin

22. The Inter-American Court of Human Rights and International Humanitarian Law
Hélène 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

Editorial Reviews

Research Handbook on Human Rights and Humanitarian Law examines the interplay between international human rights laws and humanitarian laws, and considers issues involved in their application to armed conflicts around the world. . . college-level students of law and international rights will find it packed with original research and examples from some of the best researchers and thinkers in the field. . . a powerful survey especially recommended for any college-level law library strong in international human rights issues.'
—The Midwest Book Review

'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.'
—Marco Pedrazzi, University of Milan, Italy

'Overall, this compendium represents a triumph of thoroughness, dealing with the overlap, contrast, and conflict between IHL and IHRL - as well as their respective relationships with other disciplines - from a variety of angles. . . Students wishing to deepen their Knowledge of human rights, humanitarian law and their points of contact will not be disappointed when selecting this volume from the shelf.'
—Ciarán Burke, Journal of International Humanitarian Legal Studies

From the Publisher

‘This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.’

Marco Pedrazzi

‘Overall, this compendium represents a triumph of thoroughness, dealing with the overlap, contrast, and conflict between IHL and IHRL – as well as their respective relationships with other disciplines – from a variety of angles. . . Students wishing to deepen their Knowledge of human rights, humanitarian law and their points of contact will not be disappointed when selecting this volume from the shelf.’

Ciarán Burke

‘Research Handbook on Human Rights and Humanitarian Law examines the interplay between international human rights laws and humanitarian laws, and considers issues involved in their application to armed conflicts around the world. . . college-level students of law and international rights will find it packed with original research and examples from some of the best researchers and thinkers in the field. . . a powerful survey especially recommended for any college-level law library strong in international human rights issues.’

The Midwest Book Review