About the author(s):
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:
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
3. Theories on the Relationship between International Humanitarian Law and Human Rights Law
4. The Position of Individuals in Public International Law through the Lens of Diplomatic Protection: The Principle and its Transfiguration
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
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
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
PART III: THE NEED FOR A COMBINED APPROACH
14. The Law of Occupation and Human Rights Law, Some Selected Issues
15. Humanitarian Assistance to Protect Human Rights and International Humanitarian Law
16. The Prohibition of Enforced Disappearances: A Meaningful Example of a Partial Merger between Human Rights Law and International Humanitarian Law
17. ‘Humanitarian Rights’: How to Ensure Respect for Human Rights and Humanitarian Law in Armed Conflicts
18. Human Rights Law and International Humanitarian Law as Limits for Security Council Action
19. UN Territorial Administrations: Between International Humanitarian Law and Human Rights Law
20. International Humanitarian Law and Human Rights Rules in Agreements Regulating or Terminating an Internal Armed Conflict
PART IV: MONITORING MECHANISMS
21. Universal Human Rights Bodies and International Humanitarian Law
22. The Inter-American Court of Human Rights and International Humanitarian Law
23. The European Court of Human Rights and International Humanitarian Law
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?
26. The International Committee of the Red Cross and Human Rights Law
27. The International Humanitarian Fact-Finding Commission and the Law of Human Rrights
28. Human Rights in the Context of International Criminal Law: Respecting Them and Ensuring Respect for Them
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