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Part V Key Rights in Times of Armed Conflict, Ch.21 Members of the Armed Forces and Human Rights Law

Peter Rowe

From: The Oxford Handbook of International Law in Armed Conflict

Edited By: Andrew Clapham, Paola Gaeta, Tom Haeck (Assistant Editor), Alice Priddy (Assistant Editor)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Armed conflict — Civil and political rights — Prisoners of war — Detention — Gross violations — Freedom from torture and cruel, inhuman, or degrading treatment — War crimes — Armed forces — Peace keeping
It is now too late to argue that human rights law has no applicability during an international armed conflict. Like the invention of gunpowder, human rights law will be a constituent part of the battlefield and its surroundings for the foreseeable future. To soldiers, however, human rights law may appear to be a concept out of place in the inherently dangerous environment of armed conflict. This Chapter will discuss what is encompassed by the term ‘armed forces’ and who are entitled to be called members of the armed forces. It will also explore the role of human...
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