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Artykuły w czasopismach na temat „Relationship between IHRL and IHL”

Autor: Grafiati

Data publikacji: 3 czerwca 2025

Data aktualizacji: 31 lipca 2025

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1

Cassimatis, Anthony E. "International Humanitarian Law, International Human Rights Law, and Fragmentation of International Law." International and Comparative Law Quarterly 56, no. 3 (2007): 623–39. http://dx.doi.org/10.1093/iclq/lei185.

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International tribunals and legal scholars have been considering the relationship between International Humanitarian Law (‘IHL’) and International Human Rights Law (‘IHRL’) for a number of years.1 The International Court of Justice famously or infamously (depending on your perspective) considered their relationship in its Nuclear Weapons Advisory Opinion in 1996.2 The Court concluded that while IHRL did apply in times of armed conflict, when it came to the prohibition of arbitrarily taking human life in Article 6 of the International Covenant on Civil and Political Rights 1966, the content of

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Hill-Cawthorne, Lawrence. "The Role of Necessity in International Humanitarian and Human Rights Law." Israel Law Review 47, no. 2 (2013): 225–51. http://dx.doi.org/10.1017/s0021223713000265.

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The nature of armed conflict has changed dramatically in recent decades. In particular, it is increasingly the case that hostilities now occur alongside ‘everyday’ situations. This has led to a pressing need to determine when a ‘conduct of hostilities’ model (governed by international humanitarian law – IHL) applies and when a ‘law enforcement’ model (governed by international human rights law – IHRL) applies. This, in turn, raises the question of whether these two legal regimes are incompatible or whether they might be applied in parallel. It is on this question that the current article focus

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Cerna, Christina M. "The History of the Inter-American System's Jurisprudence as Regards Situations of Armed Conflict." Journal of International Humanitarian Legal Studies 2, no. 1 (2011): 3–52. http://dx.doi.org/10.1163/187815211x586160.

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AbstractFaced with insurgencies and situations of internal armed conflict in a number of Organization of American States (OAS) member states, some states called upon the Inter-American Commission on Human Rights (IACHR) to take into account the operations of irregular armed groups when assessing the situation of human rights in their countries. The IACHR responded that only assessment of state actions had been included within its mandate and that the OAS member states should amend the IACHR's Statute if they wished to expand its mandate. The OAS member states failed to do so. In 1996, the Inte

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Fowkes, James. "The Relationship between IHL and IHRL in Peacekeeping Operations: Articulating the Emerging AU Position." Journal of African Law 61, no. 1 (2017): 1–22. http://dx.doi.org/10.1017/s0021855317000067.

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AbstractModern peacekeeping is increasingly expansive, and much of it occurs in Africa. The African Union's attitude to the challenges of regulating this modern peacekeeping is therefore an important source for the associated legal debates, but one that is often neglected (in part because the sources are limited and often in draft form). This article seeks to articulate and then critique the AU's emerging view on the application of international humanitarian law and international human rights law to peacekeeping activity and the relationship between the two bodies of law in this context. It ar

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Petroniuk, Kristina. "Philosophy of correlation of international humanitarian law and international human rights law." Visegrad Journal on Human Rights, no. 3 (August 30, 2023): 91–95. http://dx.doi.org/10.61345/1339-7915.2023.3.13.

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The article is devoted to clarifying why in a given situation it is necessary to apply the rules of international humanitarian law, which has lex specialis in relation to international human rights law. At the same time, an important task of the work is to analyze the parallel application of these branches of international law. Thus, it is determined that while the IHRL is a universal branch in the protection of human rights, the norms of international humanitarian law are applied exclusively in moments of armed conflict, but in case of contradiction of some provisions to others, here we are a

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Abbott, Kirby. "A brief overview of legal interoperability challenges for NATO arising from the interrelationship between IHL and IHRL in light of the European Convention on Human Rights." International Review of the Red Cross 96, no. 893 (2014): 107–37. http://dx.doi.org/10.1017/s1816383115000338.

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AbstractThis article briefly overviews some of the current and future challenges to NATO legal interoperability arising from the relationship between international humanitarian law (IHL) and international human rights law generally and between IHL and the European Convention on Human Rights in particular.

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Frisso, Giovanna Maria. "The Duty to Investigate Violations of the Right to Life in Armed Conflicts in the Jurisprudence of the Inter-American Court of Human Rights." Israel Law Review 51, no. 2 (2018): 169–91. http://dx.doi.org/10.1017/s0021223718000055.

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This article explores how the Inter-American Court of Human Rights (the Court) has dealt with allegations of violations of the right to life during an armed conflict and, in particular, how it has dealt with allegations of violation of the obligation to investigate such allegations. The article notes that international humanitarian law (IHL) was initially used by the Court to strengthen the general obligations of states to protect the rights guaranteed by the American Convention on Human Rights (ACHR). Later IHL began informing the interpretation of specific rights. This change has been more s

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Shany, Yuval. "To Use AI or Not to Use AI? Autonomous Weapon Systems and Their Complicated Relationship with the Right to Life." Ljubljana Law Review 84, no. 1 (2024): 167–88. https://doi.org/10.51940/2024.1.167-188.

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The increased prevalence of AI technology developed or adapted for military use raises difficult questions about the compatibility of this new technology with international law in general, and international human rights law (IHRL) in particular. The Human Rights Committee, the expert body entrusted with monitoring the application of the International Covenant on Civil and Political Rights, expressed its view in 2018 on the relationship between the emergence of new military AI and respect for the right to life. The article reviews the terms of the IHRL debate surrounding the introduction of AI

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Onishi, Kosuke. "The relationship between international humanitarian law and asset freeze obligations under United Nations sanctions." International Review of the Red Cross 103, no. 916-917 (2021): 363–84. http://dx.doi.org/10.1017/s1816383121000539.

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AbstractWhile challenges may persist with respect to the relationship between counterterrorism (CT) and humanitarian action, it is at least understood that CT measures must comply with international humanitarian law (IHL). Clarifying the relationship between this body of law and CT measures is one of the modest but important innovations of United Nations (UN) Security Council Resolution 2462. At a minimum, references to IHL in this resolution leave a pathway for States to take measures to preserve impartial humanitarian action from the effects of CT, and at most, they prescribe that States sho

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Arevalo-Ramírez, Walter. "The International Court of Justice and the international humanitarian law rules for armed conflicts." Revista Científica General José María Córdova 20, no. 38 (2022): 425–42. http://dx.doi.org/10.21830/19006586.912.

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This article analyzes the undermined importance of the International Court of Justice’s (ICJ) case law in interpreting international humanitarian law (IHL) and its relationship with public international law. It examines how the ICJ has elevated IHL to customary law, declaring it “intransgressible” and equating it with jus cogens, and identified particular obligations for the parties in conflict. The article studies how the Court has clarified the relationships between customary IHL with the law of treaties and has declared which elements of IHL constitute the most basic principles of humanity,

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Greenwood, Christopher. "The Practical Reality and Efficacy of International Humanitarian Law: Some Reflections." Journal of International Humanitarian Legal Studies 14, no. 1 (2023): 14–30. http://dx.doi.org/10.1163/18781527-bja10064.

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Abstract This article considers certain aspects of the reality and efficacy of ihl. It looks at problems concerning the scope of ihl, including the question of what constitutes an armed conflict, the difficulties of disentangling international and non-international elements in some armed conflicts and debates about the application of ihl in United Nations peacekeeping. The article also examines whether ihl has acquired detail at the expense of practicality and calls for training of military personnel aimed at the development of a humanitarian reflex. It discusses the relationship between ihl a

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Arai, Kyo. "Between Consented and Un-Contested Occupation." Israel Law Review 51, no. 3 (2018): 365–88. http://dx.doi.org/10.1017/s0021223718000171.

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It has long been recognised that ‘non-consent’ is a fundamental element of the law of occupation. Under modern international humanitarian law (IHL), the consensual presence of foreign military forces is generally not seen as belligerent occupation.However, if we accept the principle that the application of IHL should rely on the objective situation on the ground and not on the subjective judgment of the situation of parties to the conflict, it may be natural to diminish the significance of consent by the territorial states in relation to the application of the law of occupation. It may be some

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Bradley, Miriam. "International humanitarian law, non-state armed groups and the International Committee of the Red Cross in Colombia." Journal of International Humanitarian Legal Studies 4, no. 1 (2013): 108–34. http://dx.doi.org/10.1163/18781527-00401002.

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This article analyses the experiences of the International Committee of the Red Cross (ICRC) in Colombia, and has two main purposes: first, to elaborate on the relationship between international humanitarian law (IHL) and the practical work of the ICRC in internal armed conflict; and second, to use our enhanced understanding of that relationship to shed light on important questions regarding the nature and effectiveness of IHL with respect to non-State armed groups. It proceeds in three main parts. First, it provides background on the work of the ICRC to contextualise the subsequent analysis,

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Rojas-Orozco, César. "The role of international humanitarian law in the search for peace: Lessons from Colombia." International Review of the Red Cross 102, no. 914 (2020): 705–20. http://dx.doi.org/10.1017/s1816383121000709.

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AbstractInternational humanitarian law (IHL) has traditionally been seen as a legal framework regulating armed hostilities, having little to do with peace. However, recent peacemaking and peacebuilding practice has consistently relied on IHL to frame peace efforts, mainly in non-international armed conflicts. This article explores the relationship between IHL and peace, looking at practice in Colombia, where IHL has been used in a creative way as a means to build trust, facilitate peace negotiations and enforce the resulting peace agreement. Looking at this case, the article offers general ins

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Krähenmann, Sandra. "The Interplay Between International Humanitarian Law, Terrorism and the “Foreign Terrorist Fighter” Regime." Proceedings of the ASIL Annual Meeting 112 (2018): 307–10. http://dx.doi.org/10.1017/amp.2019.26.

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There seems to be a natural connection between armed conflict and terrorism: both involve acts of violence by nonstate armed actors. The acts of armed groups during armed conflicts are frequently labeled as acts of terrorism. Similarly, both international humanitarian law (IHL) and the international legal regime governing terrorism address acts of violence committed by nonstate armed actors. Yet, these superficial similarities obscure the significant conceptual differences between acts of violence in armed conflicts and those outside armed conflicts as well as the differences in the legal regi

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Vinuesa, Raúl Emilio. "Interface, Correspondence and Convergence of Human Rights and International Humanitarian Law." Yearbook of International Humanitarian Law 1 (December 1998): 69–110. http://dx.doi.org/10.1017/s1389135900000064.

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From a doctrinal point of view, the relationship between human rights and international humanitarian law (IHL) seems like a settled issue in terms of the correspondence of basic objectives and common aims.Different theories have tried to explain that relationship, taking into consideration either that human rights and IHL are separate systems or that they are completely integrated within international law. Most recent positions emphasize their convergence into a scheme of mutual coordination and complementarity.In our view, none of these positions clearly characterize the day-to-day interface

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Saul, Ben. "From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law." International Review of the Red Cross 103, no. 916-917 (2021): 157–202. http://dx.doi.org/10.1017/s181638312100031x.

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AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, whi

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Saul, Ben. "From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law." International Review of the Red Cross 103, no. 916-917 (2021): 157–202. http://dx.doi.org/10.1017/s181638312100031x.

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AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, whi

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Sachariew, Kamen. "States' entitlement to take action to enforce international humanitarian law." International Review of the Red Cross 29, no. 270 (1989): 177–95. http://dx.doi.org/10.1017/s0020860400073058.

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The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect f

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Khawaja, Ishwah Abbas, and Jibran Jamshed. "Unmasking The Shadows: International Humanitarian Law (IHL) And Evolving Prohibition of Biological Weapons." Journal of Law & Social Studies 6, no. 2 (2024): 108–15. https://doi.org/10.52279/jlss.06.02.108115.

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Given the ever-changing characteristics of biological weapons and the potentially catastrophic outcomes they might cause, it is imperative to regularly revise and update the legislation. This paper investigates the complex relationship between International Humanitarian Law (IHL) and the developing prohibition on biological weapons. The main objective of this essay is to thoroughly examine the conflict that arises between international humanitarian law (IHL) and the increasing understanding of biological weapons. The author highlights the impact of the advancement of more powerful and varied w

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Gardam, Judith. "The Contribution of the International Court of Justice to International Humanitarian Law." Leiden Journal of International Law 14, no. 2 (2001): 349–65. http://dx.doi.org/10.1017/s0922156501000176.

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This article considers the contribution of the International Court of Justice (‘ICJ’) to the development of the rules and principles of international humanitarian law (‘IHL’). In recent times, the contribution of the Court to this body of the law has been overshadowed by the work of the two ad hoc international criminal tribunals, the ICTY and the ICTR, established by the Security Council to punish those responsible for serious breaches of IHL. Nevertheless, the ICJ, in both its contentious and advisory jurisdictions, has considered the provisions of IHL on a number of occasions, and in the pr

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Ahmad, Khizar, Fatima Sajid, and Wejden Bourkrain. "Cyberwarfare: Exploring the Inadequacies of Classical International Humanitarian Law." UCP Journal of Law & Legal Education 2, no. 1 (2024): 28–57. https://doi.org/10.24312/ucp-jlle.02.01.159.

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Cyberwarfare is a creation of the tech era that grew rapidly in the past three decades. Cyber operations have unveiled the massive potential of cyberwarfare capabilities to cause havoc in the real world. Technology has facilitated individuals, states, and other non-state actors to engage in coercive actions. It, therefore, becomes crucial to investigate the adequacy of classical International Humanitarian Law (IHL) to cater to the vicissitudes of technology warfare. This paper seeks to examine the relationship between IHL and cyberwarfare. It investigates the present legal regimes applicable t

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Samakashvili, Ana. "TECHNOLOGY AND LEGAL CHALLENGES OF CONTEMPORARY ARMED CONFLICT." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 3, no. 72 (2024): 68–74. http://dx.doi.org/10.18372/2307-9061.72.19062.

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The purpose of the article is to research the relationship between IHL, IHRL and national law norms, and to give recommendations about the prevention of using technologies in contemporary armed conflicts. Research methods: in the article, the research was carried out using the comparative-legal method in order to present the relationship between international and national legal norms. Also, we will use the normative method to emphasize the need of introduction of new norms to regulate the problem. Results: after the World War II, adoption of the new international norms significantly decreased

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Somer, Jonathan. "Jungle justice: passing sentence on the equality of belligerents in non-international armed conflict." International Review of the Red Cross 89, no. 867 (2007): 655–90. http://dx.doi.org/10.1017/s1816383107001221.

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AbstractA special challenge posed by the international humanitarian law (IHL) principle of equality of belligerents in the context of non-international armed conflict is the capacity of armed opposition groups to pass sentences on individuals for acts related to the hostilities. Today this situation is conflated by the concurrent application of international human rights and criminal law. The fair trial provisions of IHL can incorporate their human rights equivalents either qua human rights law or by analogy, recognizing that human rights law does not account for the anomalous relationship bet

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Wan Abdul Aziz, Wan Noor Hayatie, Nurhasniza Idham Abu Hasan, Mohd Hafiz Mohammad Hamzah, and Rossidah Wan Abdul Aziz. "Pearson correlation coefficient of the student perception and challenges towards open and distance learning during COVID-19." Mathematical Sciences and Informatics Journal 1, no. 1 (2020): 96–103. http://dx.doi.org/10.24191/mij.v1i1.14177.

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COVID-19 pandemic has a huge change in worldwide education. Previous face to face method of learning have been change to open and distance learning. This study investigated students’ perceptions and challenge of Open and Distance Learning (ODL) during COVID19 in Institution of Higher Learning (IHL). Data were collected from 141 online students of IHL using Google Form. The independent sample t-test used to compare the mean of student perception and students challenges among sociodemographic. Meanwhile the Pearson correlation coefficient is also used to identify the relationship between the ove

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Ashri, Abdul Munif, and Hans Giovanny. "PENGHILANGAN PAKSA SEBAGAI KEJAHATAN TERHADAP KEMANUSIAAN (TELAAH PUTUSAN PRA-PERADILAN III ICC ATAS SITUASI BURUNDI)." Arena Hukum 16, no. 02 (2023): 396–422. http://dx.doi.org/10.21776/ub.arenahukum.2023.01602.9.

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Enforced disappearance could be qualified as a crime against humanity. However, international human rights law (IHRL) and international criminal law (ICL), have different definitions of enforced disappearance. It can be reviewed by the different formulations between the ‘ICPPED’ and the Rome Statute of the ‘ICC’. Rome Statute adds several elements to the enforced disappearance definition, such as ‘specific intent’ by the individual perpetrators, ‘temporal element’, and ‘political organization’ as potential actors. And the Pre-Trial Chamber (PTC) III Decision on ‘Burundi Situation’ (2017) could

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Ariav, Roee. "Hardly theTadićof Targeting: Missed Opportunities in the ICTY'sGotovinaJudgments." Israel Law Review 48, no. 3 (2015): 329–55. http://dx.doi.org/10.1017/s0021223715000138.

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TheGotovinacase presented the International Criminal Tribunal for the former Yugoslavia (ICTY) with a unique opportunity to adjudicate on issues connected with the law of targeting and international humanitarian law (IHL) in a criminal context. This opportunity was especially important given the fact that legal issues arising out of complex, intense combat situations have only rarely been adjudicated. Although Gotovina was not formally charged with carrying out unlawful attacks on civilians, attacks by Croatia on four towns over the course of ‘Operation Storm’ were the focus of the proceedings

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NICOLOSI, SALVATORE FABIO. "Disconnecting Humanitarian Law from EU Subsidiary Protection: A Hypothesis of Defragmentation of International Law." Leiden Journal of International Law 29, no. 2 (2016): 463–83. http://dx.doi.org/10.1017/s0922156516000108.

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AbstractThe development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of the European Union asylum acquis.Drawing from the judgment issued by the Court of Justice of the European Union (CJEU) in Diakité, this article aims to prove that this assumption is not always true, especially with reference to the interpretation of specific concepts of international humanita

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Ojha, Yatish. "Artificial Intelligence in Armed Conflict: Perspectives from International Humanitarian Law." Unity Journal 6, no. 1 (2025): 34–47. https://doi.org/10.3126/unityj.v6i1.75547.

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The use of artificial intelligence (AI) in armed conflict gives rise to unprecedented challenges in international humanitarian law (IHL). This article examines the complex relationship between AI and IHL. It focuses on the application of autonomous weapons systems (AWS), cyber warfare, surveillance, and precision targeting. The use of AI has been believed to enhance precision and reduce collateral damage. However, there are some challenges, like the loss of human control over decision-making, the potential for algorithmic bias, and the questions of attribution. These issues threaten the core p

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Nasiruzzaman, Md, and Abdul Rahman Ahmad Dahlan . "Project Success and Knowledge Management (KM) Practices in Malaysian Institution of Higher Learning (IHL)." Journal of Education and Vocational Research 4, no. 5 (2013): 159–64. http://dx.doi.org/10.22610/jevr.v4i5.114.

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The purpose of this research to identify the relationship of project success and knowledge management practices in Malaysian Institutions of Higher education. As it's known the fact that the Institutions of higher learningare dedicated in knowledge management businessdue to their nature of jobs like knowledge creation, deployment and learning. The findings suggest that there is a strong relationship between project success and the knowledge management practices implementation process, which is based on, procure proper knowledge and practices, willing and dedicated leadership,strong ICT infrast

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Falco, Valentina. "The Internal Legal Order of the European Union as a Complementary Framework for its Obligations under IHL." Israel Law Review 42, no. 01 (2009): 168–205. http://dx.doi.org/10.1017/s0021223700000492.

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When exploring the sources of International Humanitarian Law (IHL) obligations of multinational peacekeeping forces, legal scholars have thus far focused mainly on the UN (and, to a lesser extent, NATO), whilst other organizations have remained largely in the shadows. Whereas the UN Secretary-General's Bulletin on the Observance by UN Forces of International Humanitarian Law has been widely debated and extensively investigated, little or no attention has been paid to self-regulatory solutions adopted by other international and regional organizations.This Article focuses on the European Union (

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Salmon, Elizabeth. "Institutional Approach between ihl and ihrl." Journal of International Humanitarian Legal Studies 5, no. 1-2 (2014): 152–85. http://dx.doi.org/10.1163/18781527-00501010.

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Recently, the interaction between international human rights law (ihrl) and international humanitarian law (ihl) has been significantly developed by the jurisprudence of the Inter-American Court of Human Rights (iacthr). This article analyzes this recent trend from the cases of the Santo Domingo Massacre and Afro communities displaced from the Cacarica River Basin (Operation Genesis) of this tribunal to assert its competence not only to use ihl to interpret the Inter-American human rights instruments but, at the same time, to approach a direct use of humanitarian standards, which creates a gra

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Hughes, David. "Differentiating the Corporation: Accountability and International Humanitarian Law." Michigan Journal of International Law, no. 42.1 (2021): 47. http://dx.doi.org/10.36642/mjil.42.1.differentiating.

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Corporations are significant global actors that are continuing to gain international legal status. Regulatory efforts have closely followed persistent claims that various forms of corporate activity are adversely affecting individual welfare and societal objectives. Such observations are perhaps most acute during instances of armed conflict. The history of corporate misdeeds occurring within or contributing to the perpetuation of warfare is now well-documented. However, the relationship between international humanitarian law—the legal field governing the conduct of war—and corporations receive

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Hafiz bin Rosli, Mohamad, Farrah Fawzia binti Md Ariff, and Jamaliah Binti Said. "Balanced Scorecard as a Performance Measurement System in Malaysian Private Institutions of Higher Learning: Empirical Findings." International Journal of Engineering & Technology 7, no. 4.1 (2018): 102. http://dx.doi.org/10.14419/ijet.v7i4.1.28235.

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Balanced Scorecard (BSC) is a well-known performance measurement tools and some researchers have highlighted its relevance to Institutions of Higher Learning (IHL). In order to response to the globalization phenomenon today, IHL must adopt the most suitable tool such as Performance Measurement System (PMS) in assessing academicians’ performance. The adoption of Strategic Performance Measurement System (SPMS), proven to realize significant cost saving, improve personal satisfactions and enhance organizational performances based on previous studies. Therefore, the objective of this paper is to d

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GALAND, ALEXANDRE SKANDER. "Approaching Custom Identification as a Conflict Avoidance Technique:TadićandKupreškićRevisited." Leiden Journal of International Law 31, no. 2 (2018): 403–29. http://dx.doi.org/10.1017/s0922156518000055.

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AbstractInternational human rights law (IHRL), international humanitarian law (IHL) and international criminal law (ICL) have trouble staying faithful to the two pillars of customary international law – state practice andopinio juris. In ICL, theTadićInterlocutory Appeal on Jurisdiction and theKupreškićTrial Judgement have even gone as far as enunciating new models to identify customs. In this article, I show that the approaches to customs’ identification postulated in these two cases were conflict-avoidance techniques used by the International Criminal Tribunal for the Former Yugoslavia (ICTY

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Nazli, Shumaila, and Dr Muhammad Zubair Khan. "Exploring the Link Between IHRL and IHL regarding its Simultaneous Application: A Case Study of Tribal Belt in KP for the Development of International Jurisprudence." Journal of Law & Social Studies 4, no. 2 (2022): 279–85. http://dx.doi.org/10.52279/jlss.04.02.279285.

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The simultaneous application of IHL and IHRL during an armed conflict is a hugely debated area of international law. The experts have been divided into two categories. Some would say that simultaneous application is possible as IHRL is applicable in all circumstances whether of peace or of conflict. They would argue that the IHRL portion could not be disconnected from IHL as both interplay during warfare and armed conflict with each other. On the other hand, the other group of experts would argue that simultaneous application and interplay of IHL and IHRL is not possible as one is Lex Speciali

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Hill-Cawthorne, Lawrence. "HUMANITARIAN LAW, HUMAN RIGHTS LAW AND THE BIFURCATION OF ARMED CONFLICT." International and Comparative Law Quarterly 64, no. 2 (2015): 293–325. http://dx.doi.org/10.1017/s002058931500010x.

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AbstractThis article offers a fresh examination of the distinction drawn in international humanitarian law (IHL) between international and non-international armed conflicts. In particular, it considers this issue from the under-explored perspective of the influence of international human rights law (IHRL). It is demonstrated how, over time, the effect of IHRL on this distinction in IHL has changed dramatically. Whereas traditionally IHRL encouraged the partial elimination of the distinction between types of armed conflict, more recently it has been invoked in debates in a manner that would pre

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Kalmanovitz, Pablo. "IUS Post Bellum and The Imperative to Supersede IHL." AJIL Unbound 110 (2016): 193–98. http://dx.doi.org/10.1017/s2398772300003068.

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In recent debates about the interplay between international humanitarian law (IHL) and human rights law (IHRL), two broad camps have emerged. On the one hand, defenders of what may be called the convergence thesis have emphasized the inclusion of basic rights protections in the so-called “Geneva instruments” of IHL, as well as the role of human rights bodies in interpreting and amplifying rights protections in IHL through juridical or quasi-juridical interpretation and pronouncements. In armed conflicts, it is said, human rights apply concurrently and in ways that strengthen the protective con

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Geva, Maayan. "Military Lawyers Making Law: Israel’s Governance of the West Bank and Gaza." Law & Social Inquiry 44, no. 03 (2019): 704–25. http://dx.doi.org/10.1017/lsi.2018.31.

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This Article examines Israeli military lawyers’ practice of international humanitarian law (IHL) revolving around the West Bank and Gaza. Based on interviews with legal officers serving in the army between 1967–2009 and archival materials, it interrogates these lawyers’ work—the stories that they tell about law, their legal interpretations and their interactions with military decision makers. This interrogation is set in the context of broader structural, historical, and political shifts. Anchored around lawyers’ stories about law, their narration of law’s relationship with politics, and its p

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Sassòli, Marco, and Marie-Louise Tougas. "International Law Issues Raised by the Transfer of Detainees by Canadian Forces in Afghanistan." McGill Law Journal 56, no. 4 (2011): 959–1010. http://dx.doi.org/10.7202/1005850ar.

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The transfer of Afghan detainees to Afghan authorities by Canadian forces raised concerns in public opinion, in Parliament, and was the object of court proceedings and other enquiries in Canada. This article aims to explore the rules of international law applicable to such transfers. The most relevant rule of international humanitarian law (IHL) applies to prisoners of war in international armed conflicts. However, the conflict in Afghanistan, it is argued, is not of an international character. The relevant provision could nevertheless apply based upon agreements between Canada and Afghanistan

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Seema Gul, Arusa Saman, and Fayaz Ahmad. "The Convergence of Human Rights and Humanitarian Law: Recalibrating Legal Boundaries in Contemporary Conflict." Critical Review of Social Sciences Studies 3, no. 2 (2025): 1391–403. https://doi.org/10.59075/gs59yx51.

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The traditional dichotomy between International Human Rights Law (IHRL) and International Humanitarian Law (IHL) is increasingly untenable in the context of modern armed conflicts, where civilian and military domains frequently intersect. This research addresses the core problem of legal fragmentation and uncertainty in applying these regimes simultaneously. The purpose of the study is to examine how and why the convergence of IHRL and IHL is occurring, assess its implications for legal accountability and human protection, and propose a recalibrated framework for their coexistence. Employing a

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Lubell, Noam. "Challenges in applying human rights law to armed conflict." International Review of the Red Cross 87, no. 860 (2005): 737–54. http://dx.doi.org/10.1017/s1816383100184541.

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AbstractThe debates over the relationship between International Humanitarian Law and International Human Rights Law, have often focused on the question of whether human rights law continues to apply during armed conflict, and if so, on how these two bodies of law can complement each other. This article takes the continuing applicability of human rights law as an accepted and welcome starting point, and proceeds to lay out some of the challenges and obstacles encountered during the joint application of IHL and Human Rights Law, that still need to be addressed. These include extra-territorial ap

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Aziz, Azlinda Abdul, Salyani Osman, Setyawan Widyarto, Suziyanti Marjudi, Nur Razia Mohd Suradi, and Rahayu Handan. "Quantifying quantitative correlation of provider selection influences cloud security." Indonesian Journal of Electrical Engineering and Computer Science 31, no. 3 (2023): 1642. http://dx.doi.org/10.11591/ijeecs.v31.i3.pp1642-1647.

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The cloud computing has been able to help users to access the data easily and effectively. However, cloud security is highly emphasized to cloud users to ensure data is securely stored. The cloud security can be handled well by chosen trusted cloud service provider in getting high impact on the cloud security. The relationship between cloud security with the provider selection is much needed to ensure the extent to which data is securely stored in a cloud. Therefore, in this paper the quantitative method was conducted to measure the correlation between the selected the right cloud service prov

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Azlinda, Abdul Aziz, Osman Salyani, Widyarto Setyawan, Marjudi Suziyanti, Razia Mohd Suradi Nur, and Handan Rahayu. "Quantifying quantitative correlation of provider selection influences cloud security." Quantifying quantitative correlation of provider selection influences cloud security 31, no. 3 (2023): 1642–47. https://doi.org/10.11591/ijeecs.v31.i3.pp1642-1647.

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The cloud computing has been able to help users to access the data easily and effectively. However, cloud security is highly emphasized to cloud users to ensure data is securely stored. The cloud security can be handled well by chosen trusted cloud service provider in getting high impact on the cloud security. The relationship between cloud security with the provider selection is much needed to ensure the extent to which data is securely stored in a cloud. Therefore, in this paper the quantitative method was conducted to measure the correlation between the selected the right cloud service prov

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Monange, Benoit F. "Social Science Expertise and Policymaking. Comparing U.S., French, and EU Think Tanks: Similar Model Different Paths." PS: Political Science & Politics 41, no. 04 (2008): 909. http://dx.doi.org/10.1017/s1049096508321271.

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The relationship between social science and policymaking, marked with “tension and ambiguity,” is one that scholars never ceased to be perplexed about (Anderson 2003). My research seeks to shed light on the interaction between the two by comparing how the “think tank model of expertise,” first developed in the U.S., is being emulated in the EU and in France where the political systems and the structures of social knowledge traditionally called for a different use of social science research. By looking at the comparative evolution of the think tank model I also wish to question the building of

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Fealy, Ciaran E., Jacob M. Haus, Thomas P. J. Solomon, et al. "Short-term exercise reduces markers of hepatocyte apoptosis in nonalcoholic fatty liver disease." Journal of Applied Physiology 113, no. 1 (2012): 1–6. http://dx.doi.org/10.1152/japplphysiol.00127.2012.

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Increased hepatocyte apoptosis is a hallmark of nonalcoholic fatty liver disease (NAFLD) and contributes to the profibrogenic state responsible for the progression to nonalcoholic steatohepatitis (NASH). Strategies aimed at reducing apoptosis may result in better outcomes for individuals with NAFLD. We therefore examined the effect of a short-term exercise program on markers of apoptosis—plasma cytokeratin 18 (CK18) fragments, alanine aminotransferase (ALT), aspartate aminotransferase (AST), soluble Fas (sFas), and sFas ligand (sFasL)—in 13 obese individuals with NAFLD [body mass index 35.2 ±

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Rizal, Nandiko. "Resistance Test of Fast Patrol Ships in the Islands of Indonesia." Journal of Ocean, Mechanical and Aerospace -science and engineering- (JOMAse) 58, no. 1 (2018): 6–11. https://doi.org/10.36842/jomase.v58i1.5.

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This paper is researching about the results of the resistance test from fast patrol ships in Indonesia. The test itself describes a series of resistance test of the Fast Patrol Ship model in a Towing Tank. The test has a purpose to predict the resistance and effective horsepower (EHP) of a ship at a certain speed on various knots. Resistance test is done at full load condition, and by making model of ship with scale which is adjusted with Towing Tank capacity at Indonesia Hydrodynamics Laboratory (IHL) - BPPT. The testing itself will use various equipment and instruments such as Trim Meter and

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Pashynna, L. V. "Interaction of International Humanitarian Law and International Human Rights Law in the context of armed conflicts." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 922–28. http://dx.doi.org/10.24144/2788-6018.2024.05.141.

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It is indicated that the problems of the interaction of international humanitarian law and international human rights law lie in the different historical origins, evolution and application of these two branches of law. The complexity of the interaction between the IHL and the ICRC lies in their extraterritorial action and different personal spheres of application. IHL undeniably applies to international and non-international armed conflicts, regulating the conduct of states and armed groups, while the IHL is recognized as the basis of law in peacetime, but also applies in periods of conflict.

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Breitegger, Alexander. "The legal framework applicable to insecurity and violence affecting the delivery of health care in armed conflicts and other emergencies." International Review of the Red Cross 95, no. 889 (2013): 83–127. http://dx.doi.org/10.1017/s1816383114000137.

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AbstractEnsuring respect for, and protection of, the wounded and sick and delivery of health care to them were at the origin of the Red Cross and Red Crescent Movement, as well as the development of international humanitarian law (IHL). In today's armed conflicts and other emergencies, the problem is not the lack of existing international rules but the implementation of relevant IHL and international human rights law (IHRL) which form a complementary framework governing this issue. Against the backdrop of the different manifestations of violence observed by the ICRC in the field and expert con

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Ferraro, Tristan. "The ICRC's legal position on the notion of armed conflict involving foreign intervention and on determining the IHL applicable to this type of conflict." International Review of the Red Cross 97, no. 900 (2015): 1227–52. http://dx.doi.org/10.1017/s1816383116000448.

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AbstractThis article looks at the legal position of the International Committee of the Red Cross (ICRC) on situations in which a State, a coalition of States or an international or regional organization intervenes in a pre-existing armed conflict, either giving support to one of the parties or exercising control over a non-State armed group party to the armed conflict (hereafter “non-State party”). For the purposes of this article, foreign intervention is considered to be a form of “co-belligerency” of such a degree that it makes the intervening power a party to the armed conflict. Situations

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