Convergences and divergences between international human rights, international humanitarian and international criminal law
ed. by Paul De Hert, Stefaan Smis, Mathias Holvoet
Cambridge [etc.] : Intersentia, 2018
XVI, 298 p. ; 24 cm
The first part of this volume explores the convergences and divergences between international humanitarian law (IHL) and/or human rights (IHRL) on the one hand, and international criminal law (ICL) stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense. The last part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States’ investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL.
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