Law Applicable to Armed Conflict

Brings together three diverse perspectives on the law relating to armed conflict.

Ziv Bohrer (Author), Janina Dill (Author), Helen Duffy (Author)

9781108722988, Cambridge University Press

Paperback / softback, published 23 January 2020

296 pages
22.8 x 15.2 x 1.6 cm, 0.43 kg

'[A] compilation of three distinct, highly sophisticated and original analyses of the relative merits of applying one set of laws or the other.' Matthew Evangelista, Journal of Peace Research

Which law applies to armed conflict? This book investigates the applicability of international humanitarian law and international human rights law to armed conflict situations. The issue is examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. These multiple perspectives expose the political factors and intellectual styles that influence scholarly approaches and legal answers, and the unique trialogical format encourages its participants to decenter their perspectives. By focussing on the authors' divergence and disagreement, a richer understanding of the law applicable to armed conflict is achieved. The book, firstly, provides a detailed study of the law applicable to armed conflict situations. Secondly, it explores the regimes' interrelation and the legal techniques for their coordination and prevention of potential norm conflicts. Thirdly, the book moves beyond the positive analysis of the law and probes the normative principles that guide the interpretation, application and development of law.

Introduction. International law governing armed conflict Christian Marxsen and Anne Peters
1. Trials and tribulations: co-applicability of IHL and human rights in an age of adjudication Helen Duffy
2. Divisions over distinctions in wartime international law Ziv Bohrer
3. Towards a moral division of labour between IHL and IHRL during the conduct of hostilities Janina Dill
Conclusion. Productive divisions Christian Marxsen and Anne Peters.

Subject Areas: International environmental law [LBBP], Public international law [LBB], International law [LB], Armed conflict [JPWS], International relations [JPS]