A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya |
| |
Authors: | Abresch William |
| |
Affiliation: | * Director, Project on Extrajudicial Executions, Center for Human Rights and Global Justice at New York University School of Law. JD (New York University School of Law). |
| |
Abstract: | The cases on Chechnya recently decided by the European Courtof Human Rights force us to re-evaluate the relationship betweenhuman rights law and humanitarian law. Since the InternationalCourt of Justice held that humanitarian law is lex specialisto human rights law in 1996 if not since the TehranConference of 1968 it has been widely accepted thathuman rights in armed conflict refers to humanitarianlaw. The ECtHR has directly applied human rights law to theconduct of hostilities in internal armed conflicts. The rulesit has applied may prove controversial, but humanitarian lawslimited substantive scope and poor record of achieving compliancein internal armed conflicts suggest the importance of this newapproach. |
| |
Keywords: | |
本文献已被 Oxford 等数据库收录! |
|