Practical challenges of implementing the complementarity between international humanitarian and human rights law : demonstrated by the procedural regulation internment in non-international armed conflict / Laura M. Olson
Practical challenges of implementing the complementarity between international humanitarian and human rights law : demonstrated by the procedural regulation internment in non-international armed conflict
Laura M. Olson
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Case Western Reserve journal of international law, Vol. 40, no. 3, 2009, p. 437-461
This article - using the procedural regulation of internment as an example - outlines some of the practical challenges in assessing the interrelationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in order to draw attention to certain risks so they may be avoided, as well as to stimulate proposals to address these challenges. The international humanitarian treaty law procedurally regulating internment is described briefly. This is followed by an exploration of the relationship between IHL and IHRL. Differences between IHL and IHRL are presented, and, by focusing on the procedural regulation of internment, the way these differences give rise to complications, when attempting to harmonize the two sets of legal norms, is demonstrated. In conclusion, an initiative is proposed that may assist the practitioner in addressing the complementarity between IHL and IHRL in concrete situations, thereby helping to ensure the fullest protection of the law to persons interned.
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