Research Handbook on Human Rights and Humanitarian Law

About the author(s):

Katharine Fortin

Katharine Fortin is an Associate Professor at Utrecht University where she teaches IHL and IHRL. Before joining Utrecht University, she worked at the ICTY, ICC and Norton Rose Fulbright. She is the author of The Accountability of Armed Groups under Human Rights Law (Oxford University Press, 2017) which won the 2018 Lieber Prize. She has written widely about the framework of law that applies to armed groups in non-international armed conflicts and is one of the editors of the Armed Groups and International Law blog.

 

 

Research Handbook on Human Rights and Humanitarian Law edited by Robert Kolb and Gloria GaggioliA new research handbook on international humanitarian law and international human rights law is coming out this month by Edward Elgar Publishing.

Edited by Robert Kolb and Gloria Gaggioli, the handbook aims to address the theory and practice of the relationship between the two bodies of law in times of armed conflict.

Contributors to the volume provide an analysis of the ongoing relationship between human rights law and humanitarian law, covering the historical background and origins of the two bodies of law to their various applications today.

Its table of contents is as follows:

Foreword

PART I: HISTORICAL BACKGROUND
1. The History of International Human Rights Law
Maya Hertig Randall

2. Human Rights Law and International Humanitarian Law between 1945 and the Aftermath of the Teheran Conference of 1968
Robert Kolb

3. Theories on the Relationship between International Humanitarian Law and Human Rights Law
Hans-Joachim Heintze

4. The Position of Individuals in Public International Law through the Lens of Diplomatic Protection: The Principle and its Transfiguration
Giovanni Distefano

PART II: COMMON ISSUES
5. The Relationship between International Human Rights and Humanitarian Law: An Overview
Vera Gowlland-Debbas and Gloria Gaggioli

6. Extraterritorial Application of the Human Rights to Life and Personal Liberty, Including Habeas Corpus, During Situations of Armed Conflict
Robert K. Goldman

7. Proportionality in the European Convention on Human Rights
Enzo Cannizzaro and Francesca De Vittor

8. Human Rights Obligations of Non-state Armed Groups: A Possible Contribution from Customary International Law?
Jean-Marie Henckaerts and Cornelius Wiesener

9. Positive Obligations in Human Rights Law During Armed Conflicts
Sandra Krähenmann

10. Some Reflections on the Principle of Humanity in its Wide Dimension
Antônio Augusto Cançado Trindade

11. Specificities of Human Rights Law and International Humanitarian Law Regarding State Responsibility
Christian Tomuschat

12. The Quest for a Non-conflictual Coexistence of International Human Rights Law and Humanitarian Law: Which Role for the Lex Specialis Principle?
Jean d’Aspremont and Elodie Tranchez

13. A Lex Favorabilis? Resolving Norm Conflicts between Human Rights Law and Humanitarian Law
Anne-Laurence Graf-Brugère

PART III: THE NEED FOR A COMBINED APPROACH
14. The Law of Occupation and Human Rights Law, Some Selected Issues
Tristan Ferraro

15. Humanitarian Assistance to Protect Human Rights and International Humanitarian Law
Roberto Giuffrida

16. The Prohibition of Enforced Disappearances: A Meaningful Example of a Partial Merger between Human Rights Law and International Humanitarian Law
Gloria Gaggioli

17. ‘Humanitarian Rights’: How to Ensure Respect for Human Rights and Humanitarian Law in Armed Conflicts
Dan Kuwali

18. Human Rights Law and International Humanitarian Law as Limits for Security Council Action
Michael Bothe

19. UN Territorial Administrations: Between International Humanitarian Law and Human Rights Law
Ivan Ingravallo

20. International Humanitarian Law and Human Rights Rules in Agreements Regulating or Terminating an Internal Armed Conflict
Luisa Vierucci

PART IV: MONITORING MECHANISMS
21. Universal Human Rights Bodies and International Humanitarian Law
Walter Kälin

22. The Inter-American Court of Human Rights and International Humanitarian Law
Hélène Tigroudja

23. The European Court of Human Rights and International Humanitarian Law
Lindsay Moir

24. The African Union and International Humanitarian Law
?Djacoba Liva Tehindrazanarivelo

25. A New World Court of Human Rights: A Role for International Humanitarian Law?
Manfred Nowak

26. The International Committee of the Red Cross and Human Rights Law
?Godofredo Torreblanca

27. The International Humanitarian Fact-Finding Commission and the Law of Human Rrights
Eric David

28. Human Rights in the Context of International Criminal Law: Respecting Them and Ensuring Respect for Them
Damien Scalia

29. Is There a Need for New International Humanitarian Law Implementation Mechanisms?
Paolo Benvenuti and Giulio Bartolini

30. Reparation for Individual Victims of Armed Conflict
Elke Schwager

 

 

 

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