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Part C Hostilities, XIII Human Rights Law and the Paradigm of Hostilities

From: Targeted Killing in International Law

Nils Melzer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Lex specialis — Interpretation of judgments — Military necessity
The first source of international law governing the conduct of hostilities in both international and non-international armed conflict is conventional and customary IHL. Since many (but not all) values protected by IHL are also protected by human rights law, and since IHL and human rights law apply simultaneously in situations of armed conflict, the question arises as to what extent human rights law influences the regulation of the conduct of hostilities. As a general rule, the role of human rights law in regulating the conduct of hostilities is very limited...
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