Challenges in Applying Human Rights Law to Armed Conflict

International Review of the Red Cross, Vol. 87, No. 860, 2005

18 Pages Posted: 23 Mar 2009

See all articles by Noam Lubell

Noam Lubell

University of Essex - School of Law

Date Written: December 1, 2005

Abstract

The debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if so, on how these two bodies of law can complement each other. This article takes the continuing applicability of human rights law as an accepted and welcome starting point, and proceeds to lay out some of the challenges and obstacles encountered during the joint application of IHL and Human Rights Law, that still need to be addressed. These include extra-territorial applicability of human rights law; the mandate and expertise of human rights bodies; terminological and conceptual differences between the bodies of law; particular difficulties raised in non-international armed conflicts; and the question of economic, social and cultural rights during armed conflict.

Keywords: International humanitarian law, human rights, international law

JEL Classification: K33

Suggested Citation

Lubell, Noam, Challenges in Applying Human Rights Law to Armed Conflict (December 1, 2005). International Review of the Red Cross, Vol. 87, No. 860, 2005. Available at SSRN: https://ssrn.com/abstract=1366710

Noam Lubell (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

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