Chapter

Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

Christine Bell

in International Humanitarian Law and International Human Rights Law

Published in print January 2011 | ISBN: 9780191001604
Published online September 2011 | e-ISBN: 9780191729447 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780191001604.003.0009

Series: Collected Courses of the Academy of European Law

Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

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This chapter considers the ways in which human rights and humanitarian law have been argued to impose post-conflict accountability. It argues that the attempt to use human rights and humanitarian law standards to impose accountability has had similar dynamics across both cases. In both cases a lack of fit between regime and post-conflict political landscape has involved an interpretative revision of what the regimes require, that has moved them towards a loose common denominator implemented by ad hoc institutional innovation. Any account of the implications for the relationship of human rights and humanitarian law in post-conflict settings should take account of both sets of developments. To this end, the chapter sets out both processes of interpretive revision and ad hoc institutional innovation, discussing the consequences for each regime and the relationship between them. The chapter proceeds as follows. Part 2 discusses, in general terms, the peculiarities of the post-conflict political environments with reference to human rights and humanitarian law. Parts 3 and 4 examine how the accountability standards of human rights and humanitarian law have been argued to apply post-conflict. Part 5 considers the implications of regime-merge and institutional innovation for the existing regimes of human rights and humanitarian law. Finally, Part 6 suggests the possibility of drawing on all three conceptualizations as reflecting different underlying meta-level understandings of the current ‘situating’ of international law itself.

Keywords: international humanitarian law; international human rights law; armed conflicts; post-conflict accountability

Chapter.  21796 words. 

Subjects: Human Rights and Immigration

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