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Economic, Social, and Cultural Rights in Armed Conflict$
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Gilles Giacca

Print publication date: 2014

Print ISBN-13: 9780198717447

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198717447.001.0001

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General Conclusion

General Conclusion

Chapter:
(p.273) General Conclusion
Source:
Economic, Social, and Cultural Rights in Armed Conflict
Author(s):

Gilles Giacca

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717447.003.0007

By avoiding the strict war/peace dichotomy, the overall book seeks to demonstrate how human rights law applies at all times. Despite theoretical and practical obstacles, ESC rights do apply in armed conflict, and both states and non-state actors have obligations in this regard. It is explained that the challenge is therefore not so much about the legal validity of ESC rights in armed conflict, but more the precise content of each individual right that must be respected, as well as the extent to which each right must also be protected and fulfilled given the maelstrom of often co-existing violence and destruction.

Keywords:   armed conflict, armed violence, extraterritoriality, extraterritorial application, human rights, territory, sovereignty, jurisdiction, conflict of norms, use of force

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