The frontiers of human rights : extraterritoriality and its challenges
Oxford : Oxford University Press, 2016
Advocates for applying international human rights law (IHRL) in occupied territories in addition to international humanitarian law (IHL) suggest that doing so would advance the welfare of the occupied people as well as a legal culture of compliance. This chapter, however, argues that the application of IHRL in occupied territories may in fact lead to a radical transformation in the law of occupation because of the conceptual differences that exist between IHL and IHRL. This transformation is not necessarily to the benefit of protected persons living under occupation. The chapter includes discussion of case-law of the International Court of Justice, the Israeli High Court of Justice and the European Court of Human Rights.