Chapter

Armed conflict and law enforcement : is there a legal divide ?

Charles Garraway

Armed conflict and international law : in search of the human face : liber amicorum in memory of Avril McDonald

The Hague : T.M.C. Asser Press, 2013

p. 259-283

English

Bibliographie : p. 282-283

The division between peace and war has become increasingly blurred in factual terms in recent decades. Similarly, the law has progressed in a manner that has not necessarily been consistent. The author reviews how the laws covering the use of force in both peace and war have developed separately under the respective headings of the laws of war (also known as the law of armed conflict or international humanitarian law) and human rights law. The increasing overlap between these two bodies of public international law has led to tensions particularly in relation to the conduct of hostilities. The author suggests a way forward to ensure the applicability of the highest standards of protection whilst still enabling military operations to be carried out efficiently within a legal framework.

• Armed conflict and international law : in search of the human face : liber amicorum in memory of Avril McDonald / Mariëlle Matthee, Brigit Toebes, Marcel Brus ed.