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Practitioners' Guide to Human Rights Law in Armed Conflict by Murray, Daragh (17th November 2016)

Part I, 4 The Relationship Between the Law of Armed Conflict and International Human Rights Law

From: Practitioners' Guide to Human Rights Law in Armed Conflict

Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

Subject(s):
Human rights remedies — Armed conflict, international — Armed conflict, non-international — International crimes — Armed forces

This chapter deals with the relationship between the law of armed conflict and international human rights law. It begins by discussing how this relationship has been addressed in international case law, and what conclusions can be drawn. It then considers the appropriate relationship between the law of armed conflict and international human rights law, and discusses how the overall legal framework to be applied in specific situations may be determined. Next, it explains how the balance between the primary and secondary frameworks may be determined under both the ‘active hostilities’ and ‘security operations’ frameworks. The final section examines the role of derogations, in both international and non-international armed conflict.

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