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  • Digital Rights and the Outer Limits of International Human Rights Law
  • Yuval Shany
  • Journal: German Law Journal / Volume 24 / Issue 3 / April 2023
  • Published online by Cambridge University Press: 22 May 2023, pp. 461-472
    • Article
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  • View abstract

    This article explores the extent to which key normative and institutional responses to the challenges raised by the digital age are compatible with, or interact with, changes in key features of the existing international human rights law (IHRL) framework. Furthermore, the article claims that the IHRL framework is already changing, partly due to its interaction with digital human rights. This moving normative landscape creates new opportunities for promoting human rights in the digital age, but might also raise new concerns about the political acceptability of IHRL. Following an introduction, Section B of the article will describe the development of digital human rights, using a “three generations” typology. Section C will explain how new developments in the field of digital human rights coincide with broader developments in IHRL, including: the extra-territorial application of human rights, obligations on governments to actively regulate private businesses and the erosion of normative boundaries separating specific human rights treaties from other parts of IHRL and international law. These two segments are followed by concluding remarks.

  • 8 - Rule of Law De Jure and/or De Facto?
  • Edited by Joseph E. David, Yaël Ronen, Yuval Shany, Hebrew University of Jerusalem, J. H. H. Weiler, New York University
  • Book: Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
  • Published online: 13 August 2021
  • Print publication: 26 August 2021, pp 179-198
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    Summary

    The chapter revisits some of the main contributions by Meir Shamgar, who served between 1961 and 1995 as Israel’s Military Advocate General, Attorney General, Judge and President of the Supreme Court, to the development of Israeli jurisprudence relating to the interpretation and application of international law in general, and the law of belligerent occupation in particular. Arguably, the legal structures constructed by Shamgar proved to be resilient because they were based on his deep understanding of international law and commitment to basic legal values. Among the topics discussed are Shamgar’s contribution to subjecting Israel’s activities in the West Bank and Gaza Strip to rule of law concepts, his nuanced position on the application of the Fourth Geneva Convention, his support for a flexible interpretation of the law of belligerent occupation and the balancing he performed between Israeli security interests and the needs and interests of the Palestinian inhabitants. While this chapter focuses on the work of one exceptional Israeli jurist, it offers broader insights about Israel’s approach to international law and the law applicable to the occupied territories, and about the relationship between international law as a constraint upon political power and as a cloak for the exercise of such power.

Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
  • Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
  • Edited by Joseph E. David, Yaël Ronen, Yuval Shany, J. H. H. Weiler
  • Published online: 13 August 2021
  • Print publication: 26 August 2021
  • View description
    This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges. They address conceptual problems such as differences between limits and restrictions, and application of human rights standards to businesses and international organisations; legal doctrinal responses to changing realities in the field of surveillance and identity politics; the weakness of monitoring institutions engaged in standard setting; and the practical difficulties in applying international human rights law to the Israeli-Palestinian conflict in a manner sensitive to gender dimensions and the particular political dynamics of the situation. Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.

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