Law Applicable to Armed Conflict

Ziv Bohrer; Janina Dill; Helen Duffy

doi:10.1017/9781108674416

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

‘[A] compilation of three distinct, highly sophisticated and original analyses of the relative merits of applying one set of laws or the other.’

Matthew Evangelista Source: Journal of Peace Research

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Contents

Law Applicable to Armed Conflict
pp i-i
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Max Planck Trialogues on the Law of Peace and War - Series page
pp ii-ii
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Law Applicable to Armed Conflict - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Contents
pp v-viii
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Introduction: International Law Governing Armed Conflict
pp 1-14
- By Christian Marxsen, Anne Peters
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1 - Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication
pp 15-105
- By Helen Duffy
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2 - Divisions over Distinctions in Wartime International Law
pp 106-196
- By Ziv Bohrer
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3 - Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities
pp 197-265
- By Janina Dill
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Conclusions: Productive Divisions
pp 266-279
- By Christian Marxsen, Anne Peters
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Index
pp 280-288
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Books in the Series - Series page
pp 289-290
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Law Applicable to Armed Conflict

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Contents

Law Applicable to Armed Conflict
pp i-i

Max Planck Trialogues on the Law of Peace and War - Series page
pp ii-ii

Law Applicable to Armed Conflict - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-viii

Introduction: International Law Governing Armed Conflict
pp 1-14

1 - Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication
pp 15-105

2 - Divisions over Distinctions in Wartime International Law
pp 106-196

3 - Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities
pp 197-265

Conclusions: Productive Divisions
pp 266-279

Index
pp 280-288

Books in the Series - Series page
pp 289-290

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Law Applicable to Armed Conflict

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