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Theoretical Boundaries of Armed Conflict and Human Rights


Part of ASIL Studies in International Legal Theory

Jens David Ohlin, Adil Haque, David Luban, Marko Milanovic, Jonathan Horowitz, Naz K. Modirzadeh, Kevin Jon Heller, Janina Dill, John Dehn, Brian Orend
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  • Date Published: August 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107137936

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About the Authors
  • In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

    • Tackles the biggest issue in the law of war today: the uncertain relationship of international humanitarian law and human rights law
    • Covers both legal and philosophical/theoretical analyses of the problem
    • Includes multiple chapters in conversation with each other, providing scholars with insight to both US and European perspectives
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    Product details

    • Date Published: August 2016
    • format: Hardback
    • isbn: 9781107137936
    • length: 418 pages
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.73kg
    • availability: Available
  • Table of Contents

    Introduction: the inescapable collision Jens David Ohlin
    Part I. Convergence and Divergence of Human Rights and Laws of War:
    1. Laws for war Adil Haque
    2. Human rights thinking and the laws of war David Luban
    3. Rethinking the relationship between IHL and IHRL Marko Milanovic
    4. Acting as a sovereign versus acting as a belligerent Jens David Ohlin
    Part II. Conceptual Limits of the Law of War Framework:
    5. Ending the global war: the power of human rights in a time of unrestrained armed conflict Jonathan Horowitz
    6. Folk international law Naz K. Modirzadeh
    7. The use and abuse of analogy in IHL Kevin Jon Heller
    Part III. New Frameworks for Regulating Armed Violence:
    8. Forcible alternatives to war: legitimate violence in twenty-first-century international relations Janina Dill
    9. Whither international martial law? John Dehn
    10. The next Geneva Convention: filling a post-war legal gap with human rights values Brian Orend.

  • Editor

    Jens David Ohlin, Cornell University Law School
    Jens David Ohlin is Professor of Law and Associate Dean for Academic Affairs at Cornell Law School. He specializes in international law and all aspects of criminal law, including domestic, comparative, and international criminal law.


    Jens David Ohlin, Adil Haque, David Luban, Marko Milanovic, Jonathan Horowitz, Naz K. Modirzadeh, Kevin Jon Heller, Janina Dill, John Dehn, Brian Orend

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