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Counterinsurgency LawNew Directions in Asymmetric Warfare$
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William Banks

Print publication date: 2013

Print ISBN-13: 9780199941445

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199941445.001.0001

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The Human Rights Council and the Convergence of Humanitarian Law and Human Rights Law

The Human Rights Council and the Convergence of Humanitarian Law and Human Rights Law

Chapter:
(p.3) 1 The Human Rights Council and the Convergence of Humanitarian Law and Human Rights Law
Source:
Counterinsurgency Law
Author(s):

Dr. Daphné Richemond-Barak

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199941445.003.0001

This chapter examines the role of the United Nations Human Rights Council in addressing violations of human rights law (HRL) and international humanitarian law (IHL). It first outlines the circumstances of the Council's creation and its recent forays into IHL before turning to a discussion of the treatment of IHL by the Council and by other human rights bodies. It then considers the reluctance of a number of states, especially Turkey and the United States, to have the Council (or its predecessor, the Commission on Human Rights) involved in situations of armed conflict. It also takes into account the consequences of the blurring of the IHL/human rights divide by the Council and concludes by arguing that the Council has neither the mandate nor the expertise necessary to enforce IHL.

Keywords:   human rights law, international humanitarian law, human rights, United Nations Human Rights Council, Turkey, United States, armed conflict

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