Article

The law of the possible in armed conflict : a comment on unprivileged belligerents, preventive detention, and fundamental fairness

Deborah Pearlstein

• Santa Clara journal of international law, Vol. 11, no. 1, 2012, p. 181-187

English

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While it might once have been possible to imagine that international humanitarian law (IHL) simply supplanted human rights law (HRL) during armed conflict, acting as the exclusive body of law governing the conduct of warring parties and occupying forces, the rapid development of HRL after World War II, coupled with the proliferation of non-traditional armed conflicts, have helped drive the development of a consensus view that both bodies of law matter in times of armed conflict. But the consensus on how they matter is far from specific. How do the laws interact ? When they can be read as complimentary ? In particular, which law should prevail in the event specific rules in application conflict ? All of these questions remain the subject of much scholarship and dispute.

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• Unprivileged belligerents, preventive detention, and fundamental fairness : rethinking the review tribunal representation model