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Contents

Published online by Cambridge University Press:  09 January 2020

Ziv Bohrer ,
Janina Dill  and
Helen Duffy
Ziv Bohrer
Affiliation:
Bar-Ilan University, Israel
Janina Dill
Affiliation:
University of Oxford
Helen Duffy
Affiliation:
Universiteit Leiden

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Law Applicable to Armed Conflict , pp. v - viii
Publisher: Cambridge University Press
Print publication year: 2020
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Introduction: International Law Governing Armed Conflict

    Christian Marxsen and Anne Peters

    1. I.The Application of International Humanitarian Law

    2. II.The Emergence and Influence of Human Rights

    3. III.A Clash of Paradigms?

    4. IV.Three Voices in a Trialogue

  2. 1Trials and Tribulations: Co-Applicability of IHL and Human Rights in an Age of Adjudication

    Helen Duffy

    1. I.Introduction

      1. A.Practice, Politics and Positioning of Parties

      2. B.The Complexity of Conflict

      3. C.Co-applicability Confirmed

      4. D.Applicability in an Age of Adjudication

    2. II.Applicability of IHL and IHRL, and Outstanding Controversies

      1. A.Applicability Ratione Materiae

      2. B.Applicability Ratione Personae: Personal Applicability

      3. C.Applicability Ratione Loci: the Question of Geographic Scope

      4. D.Applicability Ratione Temporis

    3. III.Co-applicability and Human Rights Litigation

      1. A.Context: Increased Engagement across Diverse Treaties and Treaty-body Functions

      2. B.Evolving Approaches to Co-applicability in Human Rights Adjudication

    4. IV.Co-applicability and Interplay: Harmonious Interpretation, Lex Specialis and Beyond

      1. A.Harmonious Interpretation

      2. B.Lex specialis! The Harry Potter Approach?

      3. C.Weighted Co-applicability and Prioritisation

      4. D.Interpretative Approaches to IHRL of Relevance to Co-applicability

      5. E.Conclusions on Contextual Co-Applicability: Norms and Context

    5. V.Examples of Interplay and Outstanding Questions

      1. A.Detention (and Review of Lawfulness) in Non-International Armed Conflict?

      2. B.Lethal Force and ‘Targeted Killings’

      3. C.Cyberspace

      4. D.Investigation and Accountability

    6. VI.Conclusion: Leaning In

  3. 2Divisions over Distinctions in Wartime International Law

    Ziv Bohrer

    1. I.Classification Crisis and Novel Wars

      1. A.Blurred Wartime–Peacetime Divide

      2. B.Blurred Principle of Distinction

      3. C.The Demise of Battles

      4. D.Unprecedented Wars

    2. II.Normative Novelty

      1. A.Westphalia

      2. B.NIAC Law

      3. C.Lotus

    3. III.Core Jurisdiction Struggle: the Actual Crisis

      1. A.US and International Law

      2. B.The Second Eye of the Storm: IHRL

    4. IV.Conclusion

  4. 3Towards a Moral Division of Labour between IHL and IHRL during the Conduct of Hostilities

    Janina Dill

    1. I.Introduction

    2. II.The Human Right to Life and the Permissibility of Killing according to IHL

      1. A.IHL and the Rights of Individuals in War

      2. B.IHL and Civilians’ Human Right to Life during Hostilities

      3. C.IHL and Soldiers’ Human Right to Life during Hostilities

      4. D.IHL’s Authorisation of Conduct that Amounts to a Human Rights Violation

    3. III.The Moral Right to Life and the Legal Permissibility of Killing in War

      1. A.The Law’s Moral Tasks in War

      2. B.IHRL and the Moral Right to Life

      3. C.IHL and the Moral Right to Life

    4. IV.Six Types of Armed Conflict

      1. A.When is a Violent Confrontation an Armed Conflict?

      2. B.When does Intensity Matter?

    5. V.Discharging the Law’s Moral Tasks in Armed Conflicts

      1. A.The Use of Force across International Borders and the Law’s First Moral Task

      2. B.The Intensity of Hostilities and the Law’s First Moral Task

      3. C.The Legal Context and the Law’s First Moral Task

      4. D.The Use of Force across International Borders, the Intensity of Hostilities and the Law’s Second Moral Task

    6. VI.Conclusion

  5. Conclusions: Productive Divisions

    Christian Marxsen and Anne Peters

    1. I.Classifying Armed Conflicts

    2. II.Norm Conflict between IHL and IHRL

    3. III.Legal Mechanisms of Coordination

    4. IV.Normative Perspectives

    5. V.Concluding Reflections

  6. Index

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