9780198753797

Human Rights in Times of Conflict and Terror

by ;
  • ISBN13:

    9780198753797

  • ISBN10:

    0198753799

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2018-12-20
  • Publisher: Oxford University Press

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Summary

This fully updated second edition of Human Rights in Times of Terror and Conflict is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism.

The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The second edition includes a new chapter on remedies, the right to truth and accountability for human rights violations committed during times of conflict and the fight against terrorism. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

Author Biography


Louise Doswald-Beck, Former Professor of International Law, Graduate Institute of International and Development Studies and the Geneva Academy of International Humanitarian Law and Human Rights,Sandra Krahenmann, Research Fellow, Geneva Academy of International Humanitarian Law and Human Rights

Louise Doswald-Beck is a retired Professor of International Law at the Graduate Institute of International and Develipment Studies and the Geneva Academy of International Humanitarian Law and Human Rights. She was formerly Director of its predecessor, the University Center for International Humanitarian Law. Initially a lecturer at the Universities of Exeter and London, between 1987 and 2001 she was a legal adviser at the International Committee of the Red Cross and became Head of the Legal Division in 1998. At the ICRC, she acted in negotiations leading to various international instruments : the Statute of the International Criminal Court and its Elements of Crimes, Protocols II and IV of the Convention on Certain Conventional Weapons, the Ottawa Convention on Anti-Personnel Landmines, and Protocol II to the Hague Convention on Cultural Property. She won the Ciardi Prize for co-authoring the ICRC Study on Customary International Humanitarian Law.


Sandra Krahenmann is a Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights where she also teaches in the LLM program. Her main research activities at the Academy focus on the implementation of international law in situations in armed conflict, in particular the qualification of contemporary armed conflicts for the Rule of Law in Armed Conflicts Project. She also works on the international law issues raised by the phenomenon of foreign fighters. Previously, she worked at the law of armed conflict section of the Swiss Ministry of Defense ad as a teaching assistant at both the Geneva Academy and the University of Geneva. She holds a PhD in International Law from the Graduate Institute of International and Development Studies in Geneva.

Table of Contents


I Over arching Elements
1. Application of Human Rights Law
2. Ensuring Rights
3. The Regime of Limitations and Derogations
4. The Role of International Humanitarian Law in Human Rights Law
5. International Measures to Prevent Terrorism and Human Rights Protection
6. Remedies and Accountability for Violations
II Absolute Prohibitions
7. Prohibition of Arbitrary Deprivation of Life
8. Prohibition of Torture, Inhuman or Degrading Treatment or Punishment
9. Prohibition of Enforced Disappearances
III Requirements of Due Process
10. Prohibition of Arbitrary Detention
11. Pre-Trial Detention
12. Crimes and the Principle of Legality
13. Right To Be Heard by a Competent, Independent, and Impartial Tribunal
14. Elements of Fair Trial
IV Limitations to Freedoms
15. The Right to Home, Property, Freedom of Movement, and Residence
16. Participation in Public Life: Freedom of Expression, Association, and Conscience
17. Protection of the Personal Sphere: Right to Private and Family Life
V Protection of Vulnerable and Disadvantaged Populations
18. Economic, Social, and Cultural Rights in Situations of Violence
19. Vulnerable Groups During Armed Conflict and Other Violence

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