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Humanitarian law, human rights law and the bifurcation of armed conflict

Hill-Cawthorne, L. (2015) Humanitarian law, human rights law and the bifurcation of armed conflict. International and Comparative Law Quarterly, 64 (2). pp. 293-325. ISSN 1471-6895

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To link to this item DOI: 10.1017/S002058931500010X

Abstract/Summary

This article offers a fresh examination of the distinction drawn in international humanitarian law (IHL) between international and non-international armed conflicts. In particular, it considers this issue from the under-explored perspective of the influence of international human rights law (IHRL). It is demonstrated how, over time, the effect of IHRL on this distinction in IHL has changed dramatically. Whereas traditionally IHRL encouraged the partial elimination of the distinction between types of armed conflict, more recently it has been invoked in debates in a manner that would preserve what remains of the distinction. By exploring this important issue, it is hoped that the present article will contribute to the ongoing debates regarding the future development of the law of non-international armed conflict.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:39403
Publisher:Cambridge University Press

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