The interaction between international human rights law and international humanitarian law: seeking the most effective protection for civilians in non-international armed conflicts

被引:5
|
作者
Matthews, Hannah [1 ]
机构
[1] Univ London, Inst Commonwealth Studies, Sch Adv Study, London, England
来源
INTERNATIONAL JOURNAL OF HUMAN RIGHTS | 2013年 / 17卷 / 5-6期
关键词
international humanitarian law; human rights law; non-international armed conflict; Colombia;
D O I
10.1080/13642987.2013.831694
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
International human rights law and international humanitarian law, of which Common Article 3 and Additional Protocol II are applicable in non-international armed conflicts, at first glance seem two separate bodies of law with contradicting foundations and provisions. However, this article explores the similarities between the two, demonstrating their shared philosophical underpinnings and purpose of protecting people's rights despite the varying contexts within which they apply. Through studying the application of the two bodies of law in varying jurisdictions, this article concludes that far from an either/or choice, the best way to ensure the protection of those who find themselves the victims of non-international armed conflicts is to use the two bodies of law together so that they complement and strengthen each other.
引用
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页码:633 / 645
页数:13
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