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  • Print publication year: 2010
  • Online publication date: June 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’)

Van Dijk, van Hoof, van Rijn and Zwaak (eds.), The Theory and Practice of the European Convention on Human Rights, 4th edn, Antwerp and Oxford 2006 (‘van Dijk’)

Harris, O'Boyle and Warbrick, Law of the European Convention on Human Rights, 2nd edn, Oxford, 2009 (‘Harris’)

Jacobs and White, The European Convention on Human Rights, 4th edn, Oxford, 2006

Reid, A Practitioner's Guide to the European Convention on Human Rights, 2nd edn, London, 2006 (‘Reid’)

Clayton and Tomlinson, The Law of Human Rights, 2nd edn, Oxford, 2009 (‘Clayton’)

Council of Europe, Human Rights in International Law: Collected Texts, 3rd edn, 2007

UN High Commissioner for Human Rights, www.ohchr.org

Introduction

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). 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.

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Nowak, , The United Nations Convention Against Torture, Oxford, 2008; see also below.
Fox, H., The Law of State Immunity, 2nd edn, Oxford, 2008, p. 562
Leach, P., Taking a Case to the European Court of Human Rights, 2nd edn, Oxford, 2005.
Europe, , Lambert-Abdelgawad, E., The Execution of Judgments of the ECHR, 2nd edn, Council of Europe, Strasbourg, 2008.
Harris, and Livingstone, (eds.), The Inter-American System of Human Rights, Oxford, 1998
McGoldrick, D., The Human Rights Committee, Oxford, 1991