Trials and tribulations : co-applicability of IHL and human rights in an age of adjudication
Law applicable to armed conflict
Cambridge : Cambridge University Press, 2020
This chapter's primary goal is to explore where law and practice stand on the applicability of IHL, IHRL and their co-applicability, while acknowledging complexities and areas of uncertainty. Although significant doctrinal discussion has been dedicated to the theoretical issues of co-applicability, these are not the object of this chapter. Instead, it seeks to bring a practical perspective to the legal issues - considering how questions of applicability and interplay arise, and are determined, in practice, and exposing some of the array of relevant contextual, legal, political and institutional factors that may have a bearing on co-applicability.
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