Chapter

Norm Conflicts, International Humanitarian Law, and Human Rights Law

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties

Published in print July 2011 | ISBN: 9780199696208
Published online September 2011 | e-ISBN: 9780191729805 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696208.003.0005

Series: Oxford Monographs in International Law

Norm Conflicts, International Humanitarian Law, and Human Rights Law

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This chapter explores the relationship between international humanitarian law and international human rights law from a norm conflict perspective, as the interaction between these two bodies of law is frequently a concurrent issue with that of extraterritorial application, implicating the same policy considerations. In doing so, it looks at various forms of norm conflict avoidance and resolution, and examines — and rejects — the traditional lex specialis model for explaining the relationship between these bodies of law.

Keywords: human rights; humanitarian law; armed conflict; norm conflict; lex specialis

Chapter.  18574 words. 

Subjects: Human Rights and Immigration

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