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Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law (Paperback)
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Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law (Paperback)
Series: Supranational Criminal Law, 24
Expected to ship within 12 - 17 working days
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Although rooted in a similar ideal, human rights (IHRL),
international criminal law (ICL) and international humanitarian law
(IHL) are separate fields of law, best represented as circles, each
of which overlaps with the other two. However human rights often
seems to absorb the other two, while in other situations, the lines
between human rights law and its next door neighbours are blurred
or contested.This volume consists of three main parts. The first
main part explores the convergences and divergences between IHL
and/or IHRL on the one hand, and ICL stricto sensu on the other
hand. The second part investigates the convergences and divergences
between IHRL and transnational crimes, or ICL in the broader sense,
which suppresses crimes such as drug trafficking, trafficking in
human beings and corruption through international treaties
providing for domestic enforcement. The last main part of this
volume provides the reader with novel and original insights as to
how IHRL and IHL converge and diverge by considering if and how the
norms of other branches of international law come into play and how
the European Court of Human Rights has engaged with the sometimes
contradicting norms of IHL. It furthermore analyses the
relationship between the specific IHL and IHRL norms which prohibit
arbitrary displacement and maps their interaction. Finally, the
effectiveness of States' investigations of war crimes committed by
their armed forces is evaluated by emphasising attention to the
relevant standards developed within IHRL, since IHL does not
indicate specific criteria to evaluate the effectiveness of an
investigation.
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