Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
12 - LONIAC and human rights law
Published online by Cambridge University Press: 05 September 2014
Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
Summary
The inter-relationship between LONIAC and human rights law
In the Kunarac et al. Judgment of 2001, the ICTY Trial Chamber pressed the right button when it said that there is often a resemblance (and, in some aspects, fusion) between LONIAC and human rights law ‘in terms of goals, values and terminology’. All the same, one should not be carried away by the extent of that resemblance. It is necessary to beware the wish that is father to the thought – expressed by some scholars – that the norms of human rights law and the law of armed conflict can or should be unified. This idea, which is not seriously considered by States, ignores the need to fine-tune the law with a view to achieving its maximum performance in different sets of circumstances.
Even if human rights law is taken as the baseline, it is useful to consult Article 2(2)(c) of the European Convention on Human Rights:
Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
…
c) in action lawfully taken for the purpose of quelling a riot or insurrection.
- Type
- Chapter
- Information
- Non-International Armed Conflicts in International Law , pp. 224 - 245Publisher: Cambridge University PressPrint publication year: 2014
References
, ‘Using International Human Rights Law for Establishing a Unified Use of Force Rule in the Law of Armed Conflict’, 64 Sas.LR347–96 (2001)Google Scholar
and , Human Rights in the World: An Introduction to the Study of the International Protection of Human Rights 311 (4th edn, 1996)
, ‘The Interplay of Human Rights and Humanitarian Law: The Approach of the ICTY’, 14 JCSL511, 525 (2009)Google Scholar
ILM 1009, 1038 (2004)
, ‘Norm Conflicts, International Humanitarian Law, and Human Rights Law’, International Humanitarian Law and International Human Rights Law 95, 98, 116 ( ed., 2011)Google Scholar
, ‘Lex Specialis: Oversimplifying More Complex and Multifaceted Relationship’, 40 Is.LR356–94 (2007)Google Scholar
, ‘Lex Specialis? Belt and Suspenders? The Parallel Operation of Human Rights Law and the Law of Armed Conflict, and the Conundrum of Jus ad Bellum’, 40 Is.LR592, 598 (2007)Google Scholar
Isayeva v. Russia (ECHR, 2005), paras. 168–201
, ‘A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya’, 16 EJIL741, 743–9 (2005)CrossRefGoogle Scholar
, ‘A Blurring of the Boundaries: The Application of International Humanitarian Law by Human Rights Bodies’, 47 Vir.JIL839, 853–6 (2006–7)Google Scholar
, ‘The Law of Armed Conflict and International Human Rights Law: Some Paradigmatic Differences and Operational Implications’, 13 YIHL213, 231–8 (2010)Google Scholar
, ‘Rethinking the Application of IHL in Non-International Armed Conflicts’, 42 Is.LR8, 27–8 (2009)Google Scholar
, and , Law of the European Convention on Human Rights 492 (1995)
, ‘The Compatibility of a State Party's Derogation under Human Rights Conventions with Its Obligations under Protocol II and Common Article 3’, 33 AULR41, 48 (1983–4)Google Scholar
, ‘Interface, Correspondence and Convergence of Human Rights and International Humanitarian Law’, 1 YIHL69, 81 (1998)CrossRefGoogle Scholar
, ‘Freedom of Religion and the Protection of Religious Minorities’, 20 Is.YHR155–79 (1990)Google Scholar
, ‘A Conflict of Norms: The Relationship between Humanitarian Law and Human Rights Law in the ICRC Customary Law Study’, 11 JCSL265, 281–2 (2006)Google Scholar
The International Covenant on Civil and Political Rights: Cases, Materials and Commentaries 569 (2nd edn, , and eds., 2004)
and , Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee 55–6 (2nd edn, 2009)
, ‘In the Shadowland between Civil War and Civil Strife: Some Reflections on the Standard-Setting Process’, Humanitarian Law of Armed Conflict: Challenges Ahead – Essays in Honour of Frits Kalshoven 225, 242 ( and eds., 1991)Google Scholar
, ‘The Interplay between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict’, 40 Is.LR310, 316 (2007)Google Scholar
, ‘The Relationship between International Humanitarian Law and Human Rights’, 63 RHDI599, 632 (2010)Google Scholar
, ‘Non-Application of Civil and Political Rights Treaties Extraterritorially during Times of International Armed Conflict’, 40 Is.LR453, 498 (2007)Google Scholar
Convention on the Rights of Persons with Disabilities, 2006, 46 ILM 443, 450 (2007)
, The International Law on the Rights of the Child 342 (1995)
, The United Nations Convention on the Rights of the Child: A Guide to the ‘Travaux Préparatoires’ 515 (1992)
Second Optional Protocol to the International Covenant on Civil and Political Rights, [1989] UNJY 130, 131 (Article 1)
Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty, 1983, Human Rights Instruments 105 (Articles 1–2)
Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty in All Circumstances, 2002, 41 ILM 515, id. (2002) (Article 1)
Protocol to the American Convention on Human Rights to Abolish the Death Penalty, 1990, Human Rights Instruments 189, id. (Article 1)
, The U.N. Convention on the Elimination of All Forms of Racial Discrimination 29–30 (2nd edn, 1980)
, Equality and Discrimination under International Law 152 (1983)
, ‘The Historical Background of Common Article 3 of the Geneva Convention of 1949’, 11 CWRJIL37, 61–2 (1979)Google Scholar
, ‘Refugees, Internally Displaced Persons, and International Humanitarian Law’, 28 Fo.ILJ1397, 1409 (2004–5)Google Scholar
, ‘Article 1F(a): The Notion of International Crimes’, 12 IJRL, Special Issue, 11, id., 22–6 (2000)CrossRefGoogle Scholar
and , ‘Article 1A, Para. 2’, The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol: A Commentary 283, 370 ( ed., 2011)CrossRefGoogle Scholar
, ‘Refugees and Civil Wars: Only a Matter of Interpretation?’, 3 IJRL435, 440–3 (1991)CrossRefGoogle Scholar
, ‘Political Asylum and the Law of Internal Armed Conflict: Refugee Status, Human Rights and Humanitarian Law Concerns’, 5 IJRL153, 154 (1993)CrossRefGoogle Scholar
, ‘The Cross-Fertilization of International Humanitarian Law and International Refugee Law’, 843 IRRC651, 665–8 (2001)Google Scholar
and , The Refugee in International Law 234 (3rd edn, 2007)
and , ‘Article 33(2)’, The 1951 Convention Relating to the Status of Refugees, supra note 1059, at 1397, 1415