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  • Print publication year: 2005
  • Online publication date: August 2012

11 - Human rights

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.

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