Convergence and conflicts of human rights and international humanitarian law in military operations / Edited by Erika de Wet and Jann Kleffner /

Includes bibliographical references (p. 85-91).

Part A : Theoretical and conceptual issues --

Human rights protection during armed conflict: what, when and for whom? /
Iain Scobbie --

A gender perspective on the relationship between human rights law and international humanitarian law /
Bonita Meyersfeld --

The applicability of the law of armed conflict and human rights law to organised armed groups / Jann K Kleffner --

Part B : Situational perspectives --

Interplay as regards dealing with detainees in international military operations /
Bruce ‘Ossie’ Oswald --

Interplay as regards conduct of hostilities /
Michelle Lesh --

On the relationship between international humanitarian law and human rights law in times of belligerent occupation : not yet a coherent framework / Andrea Carcano --

The interplay of international humanitarian law and international human rights law in peace operations /
Marten Zwanenburg --

Selected aspects of applicable international human rights law and international humanitarian law in naval counter piracy operations off the east coast of Africa /
André R Smit --

Part C : Institutional perspectives --

The interplay between human rights and international humanitarian law in UN operations /
Daphna Shraga --

Convergence and conflicts of human rights and international humanitarian law in military operations: A NATO perspective /
Peter M Olson --

Conflicts of law: NGOs, international law, and civilian protection in wartime /
James Ross --

The legal advisor in the Canadian armed forces addressing international humanitarian law and international human rights law in military operations /
Blaise Cathcart --

Part D : Judicial perspectives --

The relationship between international human rights and humanitarian law in the African human rights system: An institutional approach / Frans Viljoen --

A regional perspective on the convergence and conflicts of human rights and international humanitarian law in military operations : The European Court of Human Rights / Karin Oellers-Frahm --

Humanitarian law in the Inter-American human rights system /
Dinah Shelton --

The jurisprudence of the International Court of Justice and international criminal courts and tribunals /
Gentian Zyberi.

The book explores the implications of the increased interplay between international human rights law (IHRL) and international humanitarian law (IHL) in military operations, sometimes in ways that imply convergence and other times in ways that suggest conflict. These convergences and/ or conflicts are particularly acute in non-international armed conflicts, situations of belligerent occupation and in the area of peace support operations (PSOs). Non-international armed conflicts imply that individuals, including members of organized non-state armed groups and civilians that directly participate in hostilities, are ‘within the jurisdiction’ of the territorial state against whom they are fighting. IHRL and IHL may therefore apply in parallel. In a similar vein, the control exercised by a belligerent occupant regularly entails an exercise of ‘jurisdiction’ and hence triggers the applicability of human rights norms. As far as PSOs are concerned, it becomes increasingly difficult to classify them as taking place in a context of ‘peace’ or ‘armed conflict’. More often than not, the situation implies elements of both. In all of the aforementioned contexts, the interplay between the fields of IHRL and IHL as the areas of law that provide the most pertinent regulatory frameworks for the conduct of pertinent actors – states, international organisations, organised armed groups and individuals – is elevated to great practical significance. This edited volume contains 16 peer-reviewed essays by academics and practitioners.