The death of lex specialis ? : regional human rights mechanisms and the protection of civilians in armed conflict
Author zone:
Bill Bowring
In:
The grey zone : civilian protection between human rights and the laws of war
Editor:
Oxford [etc.] : Hart, 2018
Physical description:
p. 251-272
Languages:
English
Abstract:
This chapter studies the relationship between international human rights law (IHRL) and international humanitarian law (IHL) in regard to the protection of civilians in armed conflict. First outlining the various approaches to the problem since 1996, the author then turns to the jurisprudence of the Inter-American Commission and Court of Human Rights. Third, he discusses the refusal of the European Court of Human Rights to engage with the spectre of lex specialis as a means of resolving the apparent tension between IHRL and IHL.
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