The Right to Life in Armed Conflict
The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves. In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.
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The Right to Life in Armed Conflict
The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves. In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.
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The Right to Life in Armed Conflict

The Right to Life in Armed Conflict

by Ian Park
The Right to Life in Armed Conflict

The Right to Life in Armed Conflict

by Ian Park

eBook

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Overview

The application of the right to life during armed conflict is an issue that polarizes opinion and generates considerable debate. Many believe that human rights law has no place in armed conflict, yet the European Court of Human Rights, and domestic courts, have ruled that it can apply. The exact contours of how the right to life applies during armed conflict remain largely unresolved. In this text, Ian Park seeks to clearly articulate the right to life obligations of states during both international and non-international armed conflict in respect of those individuals affected by the actions of states' armed forces and members of the armed forces themselves. In determining the right to life obligations of states, Park identifies the sources of law from which right to life obligations arise, how case law has developed and modified these obligations, and analyses how the law creates obligations in practice. Implicit in this analysis is a consideration of recent armed conflicts, and the actions of states, that lead to a series of concrete proposals designed to best ensure compliance with a state's right to life obligations.

Product Details

ISBN-13: 9780192554482
Publisher: OUP Oxford
Publication date: 02/15/2018
Series: Oxford Monographs in International Humanitarian & Criminal Law
Sold by: Barnes & Noble
Format: eBook
Pages: 288
Sales rank: 688,403
File size: 839 KB

About the Author

Ian Park is a Barrister practising in international law. He has been a Hudson Fellow at Oxford University, a Visiting Fellow at Harvard Law School, a First Sea Lord's Fellow, and has a DPhil in law from Balliol College, Oxford.

Table of Contents

Part I: The Scope of the Right to Life
1. Substantive Right to Life Obligations
2. Procedural Right to Life Obligations
Part II: Application of the Right to Life in Armed Conflict
3. The Extraterritorial Application of International Human Rights Law
4. How the Right to Life Applies During Armed Conflict
5. The Right to Life of Armed Forces Personnel During Armed Conflict
Part III: Limitations on the Right to Life in Armed Conflict
6. The Effect of Derogation
Part VI: The Right to Life in Future Armed Conflicts
7. The Right to Life Obligations of States and how to Ensure Compliance
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