The Role of Human Rights Mechanisms in Shaping International Humanitarian Law
Publication date
2024-05
Authors
Spadaro, Alessandra
Editors
Sivakumaran, Sandesh
Burne, Christian R.
Advisors
Supervisors
Document Type
Part of book
Metadata
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License
taverne
Abstract
The influence of international human rights law (IHRL) on the law of armed conflict is well recognized. At the same time, the direct contribution of human rights mechanisms to the development of international humanitarian law (IHL) is less so. This chapter shows that human rights mechanisms have played a role in shaping IHL, most notably as a consequence of the co-application of IHL and IHRL in armed conflict. The chapter goes on to explore new potential avenues for the shaping of IHL by human rights mechanisms, focusing on the role of the mechanisms of the Human Rights Council in shaping the obligations of armed groups parties to non-international armed conflicts.
Keywords
Armed groups, Human rights, Human rights council, Humanization, International humanitarian law, Taverne, General Social Sciences, SDG 16 - Peace, Justice and Strong Institutions
Citation
Spadaro, A 2024, The Role of Human Rights Mechanisms in Shaping International Humanitarian Law. in S Sivakumaran & C R Burne (eds), Making and Shaping the Law of Armed Conflict. Oxford University Press, pp. 197-220. https://doi.org/10.1093/oso/9780197775134.003.0010