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

Part II, 5 Conduct of Hostilities and Targeting

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 — Military assistance — Armed conflict, international — Armed conflict, non-international — International crimes — Military matters — Use of force, threat

This chapter addresses the use of force during military operations in armed conflict. Both the law of armed conflict and international human rights law apply to such military operations. The degree to which either the law of armed conflict or international human rights law influences the applicable legal framework is dependent upon the situation. The chapter begins by discussing the situations in which the ‘active hostilities’ framework and the ‘security operations’ framework are applied, with a specific focus on the use of force. Key elements of the most relevant international human rights law provisions are then addressed. The remainder of the chapter focuses on specific issues arising in relation to the conduct of hostilities and targeting, and indicates the extent to which international human rights law is applicable in situations of ‘active hostilities’ on the one hand and ‘security operations’ on the other.

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