Theoretical Boundaries of Armed Conflict and Human Rights

A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.

List of contents

Introduction: the inescapable collision Jens David Ohlin; Part I. Convergence and Divergence of Human Rights and Laws of War: 1. Laws for war Adil Haque; 2. Human rights thinking and the laws of war David Luban; 3. Rethinking the relationship between IHL and IHRL Marko Milanovic; 4. Acting as a sovereign versus acting as a belligerent Jens David Ohlin; Part II. Conceptual Limits of the Law of War Framework: 5. Ending the global war: the power of human rights in a time of unrestrained armed conflict Jonathan Horowitz; 6. Folk international law Naz K. Modirzadeh; 7. The use and abuse of analogy in IHL Kevin Jon Heller; Part III. New Frameworks for Regulating Armed Violence: 8. Forcible alternatives to war: legitimate violence in twenty-first-century international relations Janina Dill; 9. Whither international martial law? John Dehn; 10. The next Geneva Convention: filling a post-war legal gap with human rights values Brian Orend.

About the author

Jens David Ohlin is Professor of Law and Associate Dean for Academic Affairs at Cornell Law School. He specializes in international law and all aspects of criminal law, including domestic, comparative, and international criminal law.

Summary

This book examines and critiques the growing role that human rights law plays on and off the battlefield, and asks how this development impacts the role of international humanitarian law as the main body of law regulating the conduct of warfare.

Product details

• Authors: Jens David Ohlin
• Assisted by: Jens David Ohlin (Editor), Ohlin Jens David (Editor)
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 30.11.2017
• EAN: 9781316502792
• ISBN: 978-1-316-50279-2
• No. of pages: 416
• Series: ASIL Studies in International Legal Theory; ASIL Studies in International; ASIL Studies in International Legal Theory
• Subjects: Social sciences, law, business > Political science > Political science and political education; POLITICAL SCIENCE / Human Rights, Human rights & civil liberties law, LAW / Civil Rights, Law: Human rights and civil liberties