Convergence and conflicts of human rights and international humanitarian law in military operations : a NATO perspective
Peter M Olson
Convergence and conflicts of human rights and international humanitarian law in military operations
Pretoria : Pretoria University Law Press, 2014
This chapter addresses the interplay between international humanitarian law (IHL) and international human rights law (IHRL) from the perspective of the North Atlantic Treaty Organization (NATO). Peter Olson illuminates how NATO's mission, history and resulting structure directly shapes its approach to the interplay between IHL and IHRL. Since NATO is designed to function as a mechanism for common action by sovereign states rather than as an autonomous entity, it has not developed a single doctrine in this regard. Instead, it applies IHL and IHRL in NATO operations in a manner reflecting the individual national legal positions of the 28 Allies. The chapter examines the implications of this approach against the background of recent NATO practice.