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PART I OVERARCHING ELEMENTS, 1 APPLICATION OF HUMAN RIGHTS LAW

From: Human Rights in Times of Conflict and Terrorism

Louise Doswald-Beck

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

The human rights treaties themselves make no mention of the types of situations in which the provisions are to apply. However, it is evident from the wording of some of them that their continued application at all times, including during wartime, is foreseen. Both the European Convention on Human Rights (ECHR) and the American Convention on Human Rights (ACHR) specify that ‘in time of war’, as well as other emergencies, certain measures of derogation are possible. The International Covenant on Civil and Political Rights (ICCPR) and the Arab Charter do not mention...
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