Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
11 - Human rights
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
Summary
… unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world.
Brownlie and Goodwin-Gill, Basic Documents on Human Rights, 4th edn, Oxford, 2002 (BGG)
Joseph, Schultz and Castan, The International Covenant on Human Rights: Cases, Material and Commentary, Oxford, 2002
Jacobs and White, European Convention on Human Rights, 3rd edn, Oxford, 2002
Reid, A Practitioner's Guide to the European Convention on Human Rights, 2nd edn, London, 2004
Van Dijk, van Hoof and Heringa, The Theory and Practice of the European Convention on Human Rights, 3rd edn, The Hague, 1998
Tomuschat, Human Rights: Between Idealism and Realism, Oxford, 2003 UN High Commissioner for Human Rights, www.unhchr.ch
The terms ‘humanitarian law’ or ‘international humanitarian law’ (IHL), if correctly used, refer only to that area of international law concerned with the protection of members of armed forces and civilians during an armed conflict or military occupation of territory (see Chapter 12 below). However, human rights do not cease completely to apply once IHL applies. They continue except in so far as the special rules (lex specialis) of IHL apply or human rights treaties have been validly derogated from. Human rights jurisprudence may be relevant also to the interpretation of IHL, such as the meaning of torture, for which there are even more instances in peacetime.
- Type
- Chapter
- Information
- Handbook of International Law , pp. 233 - 250Publisher: Cambridge University PressPrint publication year: 2005