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International Human Rights Law

International Human Rights Law (4th edn)

Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, and David Harris
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date: 11 December 2024

p. 52725. International Humanitarian Lawlocked

p. 52725. International Humanitarian Lawlocked

  • Sandesh Sivakumaran

Abstract

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter first considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. It then explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, the chapter next considers whether there is a need for international human rights law also to apply. Finally, it ascertains the relationship between the two bodies of law and considers some of the difficulties with the application of international human rights law in time of armed conflict.

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