International Humanitarian Law Part 14

International Humanitarian Law Part 14 in the United States

241
A Conflict of Norms: The Relationship Between Humanitarian Law and Human Rights Law in the ICRC Customary Law Study
Krieger, H.
Journal of Conflict and Security Law
Volume 11, Number 2, Summer 2006    p.265-291 LAW JOURNAL / LAW REVIEW
It is generally accepted that although human rights law is applicable in armed conflicts the rules of international humanitarian law take precedence as lex specialis. However, uncertainties remain. Do norms with a lex specialis character override more general rules systematically and invariably, or is there room for complementarity? To what extent are human rights standards applicable in armed conflicts and in how far is the jurisprudence of regional human rights courts pertinent? The ICRC Study on Customary International Humanitarian Law provides a relevant example of how the normative relationship between human rights law and humanitarian law on the basis of the lex specialis rule can be conceived. The article examines this normative relationship by analysing how the Study uses the jurisprudence of human rights bodies in order to specify fundamental guarantees of humanity. The article argues that although the Study”s approach works in principle because the use of human rights law in it is basically restricted to proving the existence of fundamental guarantees problems arise, inter alia, in relation to proportionality when using force, in relation to human rights” limitation clauses and in relation to the different dimensions of human rights protection. Moreover, since concrete human rights standards depend very much on their circumstances because of the contextual techniques employed in interpretation of human rights law they can neither readily be transferred to the situation of an armed conflict nor be easily applied outside their regional context. Thus, the concrete application of the refined human rights law to interpret humanitarian law is not always as valuable as might be thought.

242
Common Article 3 of the Geneva Conventions as a minimum standard in international humanitarian law
Colin Smith
Irish Student Law Review
Volume 13, 2005    p.168 LAW JOURNAL / LAW REVIEW

243
EXILE AND THE NOT-SO-LAWFUL PERMANENT RESIDENT: DOES INTERNATIONAL LAW REQUIRE A HUMANITARIAN WAIVER OF DEPORTATION FOR THE NON-CITIZEN CONVICTED OF CERTAIN CRIMES?
Sara A. Rodriguez
Georgetown Immigration Law Journal
Volume 20, Number 3, Spring 2006    p.483 LAW JOURNAL / LAW REVIEW

244
The “New” Non-State Actors in International Humanitarian Law
Dinah PoKempner
George Washington International Law Review
Volume 38, Number 3, 2006    p.551 LAW JOURNAL / LAW REVIEW

245
Taking the Bull By the Horns: Congress and International Humanitarian Law
David Abramowitz
George Washington International Law Review
Volume 38, Number 3, 2006    p.599 LAW JOURNAL / LAW REVIEW

246
INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1991 – Twelfth Annual Report
Hague Yearbook of International Law
Volume 18, 2005    p.115 LAW JOURNAL / LAW REVIEW

247
The relationship between international humanitarian law and the international criminal tribunals
Hortensia D. T. Gutierrez Posse
International Review of the Red Cross
Volume 88, Number 861, March 2006    p.65-86 LAW JOURNAL / LAW REVIEW

248
National implementation of international humanitarian law. Biannual update on national legislation and case law July-December 2005
International Review of the Red Cross
Volume 88, Number 861, March 2006    p.197-206 LAW JOURNAL / LAW REVIEW

249
HAS CONDUCT IN IRAQ CONFIRMED THE MORAL INADEQUACY OF INTERNATIONAL HUMANITARIAN LAW? EXAMINING THE CONFLUENCE BETWEEN CONTRACT THEORY AND THE SCOPE OF CIVILIAN IMMUNITY DURING ARMED CONFLICT
Samuel Vincent Jones
Duke Journal of Comparative & International Law
Volume 16, Number 2, Spring 2006    p.249 LAW JOURNAL / LAW REVIEW


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