Chapter

Harmony of conflict ? : the interplay between human rights and humanitarian law in the fight against terrorism

Helen Duffy

Counter-terrorism strategies in a fragmented international legal order : meeting the challenges

Cambridge : Cambridge University Press, 2013

p. 482-526

English

Section 1 looks at the applicability of each of international humanitarian law and international human rights law in the context of the fight against terrorism, as a necessary precursor to the more detailed consideration of the interplay between these branches of the law. Section 2 considers various theoretical approaches to interplay, and the role of the International Court of Justice and human rights courts and bodies to date. Section 3 highlights a few of the many outstanding questions arising in respect of the interrelationship and the lex specialis notion in particular. Section 4 addresses the three issues that demonstrate the implications of these approaches to interplay in different situations of some of the questions they raise.

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• Counter-terrorism strategies in a fragmented international legal order : meeting the challenges / ed. by Larissa van den Herik and Nico Schrijver