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International Humanitarian Law and International Human Rights Law$
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Orna Ben-Naftali

Print publication date: 2011

Print ISBN-13: 9780191001604

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780191001604.001.0001

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Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law

Chapter:
(p.328) 9 Post-conflict Accountability and the Reshaping of Human Rights and Humanitarian Law
Source:
International Humanitarian Law and International Human Rights Law
Author(s):

Christine Bell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780191001604.003.0009

This chapter considers the ways in which human rights and humanitarian law have been argued to impose post-conflict accountability. It argues that the attempt to use human rights and humanitarian law standards to impose accountability has had similar dynamics across both cases. In both cases a lack of fit between regime and post-conflict political landscape has involved an interpretative revision of what the regimes require, that has moved them towards a loose common denominator implemented by ad hoc institutional innovation. Any account of the implications for the relationship of human rights and humanitarian law in post-conflict settings should take account of both sets of developments. To this end, the chapter sets out both processes of interpretive revision and ad hoc institutional innovation, discussing the consequences for each regime and the relationship between them. The chapter proceeds as follows. Part 2 discusses, in general terms, the peculiarities of the post-conflict political environments with reference to human rights and humanitarian law. Parts 3 and 4 examine how the accountability standards of human rights and humanitarian law have been argued to apply post-conflict. Part 5 considers the implications of regime-merge and institutional innovation for the existing regimes of human rights and humanitarian law. Finally, Part 6 suggests the possibility of drawing on all three conceptualizations as reflecting different underlying meta-level understandings of the current ‘situating’ of international law itself.

Keywords:   international humanitarian law, international human rights law, armed conflicts, post-conflict accountability

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