Chapter

Concurrent Applicability of International Humanitarian Law and International Human Rights Law

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print May 2010 | ISBN: 9780199584840
Published online September 2010 | e-ISBN: 9780191594540 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199584840.003.0010

Series: Oxford Monographs in International Law

Concurrent Applicability of International Humanitarian Law and International Human Rights Law

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This chapter examines the relationship between human rights law and humanitarian law in the context of extraterritorial force against non-state actors. The concurrent applicability of the two legal frameworks is established, and obstacles to parallel applicability in practice are examined. The two frameworks are compared on the issues of rules on use of force, in particular in the resort to lethal force.

Keywords: human rights; humanitarian law; lex specialis; detention; lethal force

Chapter.  6293 words. 

Subjects: Human Rights and Immigration

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