Human dignity in international human rights, humanitarian and international criminal law : a comparative approach
by Stefanie Schmahl
Human dignity and criminal law : Würzburg conference on human dignity, human rights and criminal law in Israel and Germany, July 20-22, 2015
Berlin : Duncker & Humblot, 2018
The growing interplay between human rights law and international humanitarian law, which were for a long time considered as sharply distinct legal areas, has become a common feature during the last decades. The progressive convergence between the two corpora juris has been debated at length and various doctrinal theories have been established in this regard. Less attention, however, has been paid to the question of how the concept of human dignity is perceived by both bodies of law, and to what extent it is apparent in the default positions and objectives of international criminal law. The following reflections, therefore, pursue the aim of analysing the approach to human dignity in the above-mentioned legal areas in order to better understand how international law determines the concept of human dignity in substantive and methodological terms.
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