Human rights vs humanitarian law or rights vs obligations : reflections following the rulings in Hassan and Jaloud
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Questions of international law : zoom in, Vol. 16, 2015, p. 5-24
In this article Ziv Bohrer calls attention to the problems related to reliance on international human rights law (IHRL) as a way of regulating wartime scenarios. He argues that the difference between IHRL and international humanitarian law (IHL) would be better understood if one considered that the first is a system based on rights, whereas the second should be viewed as a system based on obligations. He then uses the Israeli Supreme Court’s experience to advance the idea that domestic courts are in a better position to review military actions using IHL instruments.
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