Research Handbook on Human Rights and Humanitarian Law

Edited by Robert Kolb, Professor of Public International Law, Faculty of Law, University of Geneva and Gloria Gaggioli, Director, Geneva Academy of International Humanitarian Law and Human Rights and Associate/SNF Professor, Faculty of Law, University of Geneva, Switzerland

Research Handbook on Human Rights and Humanitarian Law examines the interplay between international human rights laws and humanitarian laws, and considers issues involved in their application to armed conflicts around the world. . . college-level students of law and international rights will find it packed with original research and examples from some of the best researchers and thinkers in the field. . . a powerful survey especially recommended for any college-level law library strong in international human rights issues.'--The Midwest Book Review'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.'--Marco Pedrazzi, University of Milan, Italy'Overall, this compendium represents a triumph of thoroughness, dealing with the overlap, contrast, and conflict between IHL and IHRL - as well as their respective relationships with other disciplines - from a variety of angles. . . Students wishing to deepen their Knowledge of human rights, humanitarian law and their points of contact will not be disappointed when selecting this volume from the shelf.'--Ciarán Burke, Journal of International Humanitarian Legal Studies

• Contents:PrefacePART I: HISTORICAL BACKGROUND1. The History of International Human Rights LawMaya Hertig Randall2. Human Rights Law and International Humanitarian Law between 1945 and the Aftermath of the Teheran Conference of 1968Robert Kolb3. Theories on the Relationship between International Humanitarian Law and Human Rights Law Hans-Joachim Heintze4. The Position of Individuals in Public International Law through the Lens of Diplomatic Protection: The Principle and its TransfigurationGiovanni Distefano PART II: COMMON ISSUES5. The Relationship between International Human Rights and Humanitarian Law: An Overview Vera Gowlland-Debbas and Gloria Gaggioli 6. Extraterritorial Application of the Human Rights to Life and Personal Liberty, Including habeas corpus, During Situations of Armed Conflict Robert K. Goldman 7. Proportionality in the European Convention on Human Rights Enzo Cannizzaro and Francesca De Vittor 8. Human Rights Obligations of Non-state Armed Groups: A Possible Contribution from Customary International Law? Jean-Marie Henckaerts and Cornelius Wiesener 9. Positive Obligations in Human Rights Law During Armed Conflicts Sandra Krähenmann 10. Some Reflections on the Principle of Humanity in its Wide Dimension Antônio Augusto Cançado Trindade 11. Specificities of Human Rights Law and International Humanitarian Law Regarding State Responsibility Christian Tomuschat 12. The Quest for a Non-conflictual Coexistence of International Human Rights Law and Humanitarian Law: Which Role for the lex specialis Principle?Jean d’Aspremont and Elodie Tranchez13. A lex favorabilis? Resolving Norm Conflicts between Human Rights Law and Humanitarian Law Anne-Laurence Graf-Brugère PART III: THE NEED FOR A COMBINED APPROACH 14. The Law of Occupation and Human Rights Law: Some Selected Issues Tristan Ferraro 15. Humanitarian Assistance to Protect Human Rights and International Humanitarian Law Roberto Giuffrida 16. The Prohibition of Enforced Disappearances: A Meaningful Example of a Partial Merger between Human Rights Law and International Humanitarian Law Gloria Gaggioli 17. ‘Humanitarian Rights’: How to Ensure Respect for Human Rights and Humanitarian Law in Armed ConflictsDan Kuwali 18. Human Rights Law and International Humanitarian Law as Limits for Security Council Action Michael Bothe 19. UN Territorial Administrations: Between International Humanitarian Law and Human Rights Law Ivan Ingravallo 20. International Humanitarian Law and Human Rights Rules in Agreements Regulating or Terminating an Internal Armed Conflict Luisa VierucciPART IV: MONITORING MECHANISMS 21. Universal Human Rights Bodies and International Humanitarian Law Walter Kälin 22. The Inter-American Court of Human Rights and International Humanitarian Law Hélène Tigroudja 23. The European Court of Human Rights and International Humanitarian Law Lindsay Moir 24. The African Union and International Humanitarian Law ‪Djacoba Liva Tehindrazanarivelo 25. A New World Court of Human Rights: A Role for International Humanitarian Law? Manfred Nowak 26. The International Committee of the Red Cross and Human Rights Law ‪Godofredo Torreblanca 27. The International Humanitarian Fact-Finding Commission and the Law of Human Rrights Eric David 28. Human Rights in the Context of International Criminal Law: Respecting Them and Ensuring Respect for Them Damien Scalia 29. Is There a Need for New International Humanitarian Law Implementation Mechanisms? Paolo Benvenuti and Giulio Bartolini 30. Reparation for Individual Victims of Armed Conflict Elke SchwagerIndex