Theoretical Boundaries of Armed Conflict and Human Rights
Anteprima |
In
the last two decades, human rights law has played an expanding role in
the legal regulation of wartime conduct. In the process, human rights
law and international humanitarian law have developed a complicated
sibling relationship. For some, this relationship is viewed as a
mutually reinforcing effort between like-minded regimes designed to
civilize human behavior. For others, the relationship is a more
complicated sibling rivalry. In this book, an unparalleled collection of
legal theorists examine the relationship between these two bodies of
law. Each chapter skilfully maps the possibilities of harmonization
while, at the same time, raising cautionary flags about the limits of
that project. The authors not only chart the existing state of the law,
but also debate the normative implications of the continuing influence
of human rights norms on current practices including torture, targeted
killings, the conduct of non-international armed conflicts, and post-war
state building.