Armed Conflict and Forced Migration: A Systemic Approach to International Humanitarian Law, Refugee Law and Human Rights Law
A. Clapham & P. Gaeta (eds), The Oxford Handbook of International Law in Armed Conflict, Oxford, Oxford University Press, pp. 700-734, 2014
20 Pages Posted: 12 Aug 2013 Last revised: 28 Aug 2017
Date Written: August 12, 2013
While sharing the same purpose of protecting individuals against abuses, international humanitarian law, refugee law and human rights law have largely evolved around their own specific sources, institutions and ethos. However a strict compartmentalization between these three branches of international law is artificial and even counterproductive for ensuring effective protection. This chapter highlights the limits of lex specialis and it calls for a systemic approach based on their cumulative application. Such an approach not only constitutes the most cogent frame of analysis for capturing the multifaceted interactions between humanitarian law, refugee law and human rights law. It also paves the way for a human rights-based approach to armed conflicts.
Keywords: humanitarian law, refugee law, human rights, armed conflict, war, lex specialis, derogation, massive influx, non-refoulement, transfer, repatriation, refugee definition, subsidiary protection
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