International Human Rights And Humanitarian Law

by René Provost

• ISBN13: 9780521019286
• ISBN10: 0521019281
• Format: Paperback
• Copyright: 2005-09-22
• Publisher: Cambridge University Press

Summary

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

Table of Contents

Preface to the paperback edition	x
Acknowledgements	xiii
Table of cases	xv
Table of treaties	xxi
Table of other international instruments	xxxvii
Introduction	1	(12)
PART I Normative frameworks
Introduction	13	(3)
Rights and procedural capacity	16	(41)
Rights	17	(25)
Human rights	18	(8)
Humanitarian law	26	(16)
Procedural capacity	42	(12)
Substantive right to a remedy	43	(6)
International standing	49	(5)
Conclusion	54	(3)
Obligations and responsibility	57	(70)
Obligations	58	(44)
Human rights	58	(17)
Humanitarian law	75	(27)
Responsibility	102	(14)
Role of responsibility	103	(7)
Duty to prosecute	110	(6)
Conclusion to Part I	116	(5)
PART II Reciprocity
Introduction	121	(6)
Formation	127	(25)
Procedural aspects	127	(6)
Treaty law	127	(3)
Customary law	130	(3)
Object and purpose of norms	133	(7)
Human rights	133	(3)
Humanitarian law	136	(4)
Reservations and reciprocity	140	(12)
Human rights	141	(5)
Humanitarian law	146	(6)
Application	152	(30)
Initial applicability and reciprocity	152	(11)
Human rights	152	(1)
Humanitarian law	153	(10)
Further application and reciprocity	163	(19)
Article 60 of the Vienna Convention on the Law of Treaties	163	(4)
Human rights	167	(5)
Humanitarian law	172	(10)
Sanction	182	(65)
Countermeasures	182	(45)
Belligerent reprisals	183	(18)
Countermeasures and human rights	201	(26)
Individual responsibility: the rule tu quoque	227	(9)
Conclusion to Part II	236	(5)
PART III Application: law and facts
Introduction	241	(6)
Areas of legal indeterminacy	247	(30)
Humanitarian law of armed conflict	247	(22)
Inter-state armed conflicts	248	(5)
National liberation armed conflicts	253	(7)
Non-international armed conflicts under Protocol II	260	(4)
Internal armed conflicts under common Article 3	264	(5)
State of emergency under human rights law	269	(8)
Legal effect of characterisation	277	(66)
Self-characterisation	278	(14)
Humanitarian law	279	(5)
Human rights	284	(6)
Conclusion	290	(2)
Third states	292	(4)
Political organs of intergovernmental organisations	296	(19)
Characterisation by political bodies	296	(8)
Nature and effect of characterisation	304	(11)
Independent bodies	315	(23)
Human rights	316	(7)
Humanitarian law	323	(15)
Conclusion to Part III	338	(5)
General conclusion	343	(8)
Bibliography	351	(37)
Index	388