Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
12 - LONIAC and human rights law
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
Summary
The inter-relationship between LONIAC and human rights law
In the Kunarac et al. Judgment of 2001, the ICTY Trial Chamber pressed the right button when it said that there is often a resemblance (and, in some aspects, fusion) between LONIAC and human rights law ‘in terms of goals, values and terminology’. All the same, one should not be carried away by the extent of that resemblance. It is necessary to beware the wish that is father to the thought – expressed by some scholars – that the norms of human rights law and the law of armed conflict can or should be unified. This idea, which is not seriously considered by States, ignores the need to fine-tune the law with a view to achieving its maximum performance in different sets of circumstances.
Even if human rights law is taken as the baseline, it is useful to consult Article 2(2)(c) of the European Convention on Human Rights:
Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
…
c) in action lawfully taken for the purpose of quelling a riot or insurrection.
- Type
- Chapter
- Information
- Non-International Armed Conflicts in International Law , pp. 224 - 245Publisher: Cambridge University PressPrint publication year: 2014