Brill International Humanitarian Law and Human Rights Law: Towards a New Merger in International Law

Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms. Review "...Roberta Arnold and Noëlle Quenivet gathered very valuable contributions covering a broad range of relevant topics on the relation between human rights and humanitarian law." Mr. Vincent Roobaert, NATO Legal Gazette, issue 23, 25 October 2010. From the Back Cover The book addresses the current issue of the applicability and application of international human rights law and international humanitarian law in times of armed conflict. Scholars chronologically argued that only international humanitarian law was applicable, that both legal regimes were applicable, and eventually that international humanitarian law was the "lex specialis" of human rights law. The most recent trend is to state that international humanitarian law and human rights law are merging into a single set of rules, a proposition that is the focus of the investigations carried out in this book. The book examines general issues relating to applicability and the implementation of the two legal regimes as well as provides case studies focusing on specific rights or persons. [The cover of this publication displays a patchwork symbolizing the merger between international humanitarian law and human rights. Neither the publisher nor the editors intended the design to reproduce the protected Red Cross emblem. Any resemblance to the Red Cross emblem is purely coincidental] About the Author Roberta Arnold, PhD (Bern, hons), LLM (Nottingham), is an independent legal adviser specializing in international humanitarian law, international criminal law, military law, law of operations, and law on peacekeeping. She has served as legal adviser within the Swiss Department of Defense, Staff to the Chief of the Armed Forces, Section Laws of Armed Conflict and as research assistant of public international law and international criminal law at the University of Bern, Switzerland, under the supervision of Prof. Walter Kälin and Prof. G. Heine . She is a candidate military investigating magistrate, holding the rank of legal officer, within the Swiss Military Justice and she is the correspondent from Switzerland for the Review of the International Society of Military Law and the Laws of War. Her PhD on The ICC as a new instrument for the repression of terrorism, released by Brill in 2004, was awarded the Honorable Mention Prize by the Francis Lieber Society, a sub-group of ASIL, and the Walther-Hug Prize for being one of the best Swiss PhDs of the year. Noëlle N.R. Quénivet, Ph.D. (Essex), LLM (Nottingham). She is Senior Lecturer at the University of the West of England. She has published several articles relating to international humanitarian law and the use of force as well as authored Sexual Offences in Armed Conflict and International Law (Transnational Publishers, 2005), winner of the Francis Lieber Honorable Mention Award.