Treaties and Armed Conflict
RESEARCH HANDBOOK ON THE LAW OF TREATIES, Christian J. Tams, Antonios Tzanakopoulos, Andreas Zimmermann, eds, Edward Elgar, 2013
The Hebrew University of Jerusalem Research Paper No. 01-13
26 Pages Posted: 9 Jan 2013
Date Written: January 8, 2013
The present chapter considers various areas of intersection between treaties and armed conflict. Section 2 addresses the role of armed conflict in the termination, withdrawal or suspension of treaties. Subsequent sections consider aspects in the relationship between armed conflict and treaties that are premised on the continuing existence of treaties. Section 3 focuses on armed conflict as a normative phenomenon, and considers the relationship between the laws of armed conflict and norm-setting treaty regimes. This section notes not only the effect of armed conflict on treaties, but also the converse, namely the effect of certain treaty regimes on the laws of armed conflict. Section 4 concerns the effect of armed conflict on the content of treaty obligations. Section 5 considers the effect of international armed conflict on the territorial scope of application, an issue that has arisen specifically with respect to human rights treaties.
Keywords: treaties, armed conflict, human rights, termination, extraterritorial applicability
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