Article

The application of international humanitarian law and international human rights law in situation of prolonged occupation : only a matter of time ?

Vaios Koutroulis

• International review of the Red Cross, Vol. 94, no. 885, Spring 2012, p. 165-205

English

The article deals with the effect of the time factor in the application of international humanitarian law (IHL) and international human rights law (IHRL) in ‘prolonged belligerent occupations’. It demonstrates that IHL applies in its entirety to such situations and that the adjustments necessary can be made through the interpretation of existing IHL norms. As for IHRL, the protracted character of an occupation reinforces the importance of respecting and applying human rights. It cannot, however, be invoked in order to influence the interpretation of the notion of a state of emergency leading to the adoption of derogations from IHRL rules.

• Full text

• International review of the Red Cross / ICRC
• International review of the Red Cross [Vol. 94, no. 885, Spring 2012] / ICRC