Human Rights and International Humanitarian Law

Edited by Norman Weiß, Extraordinary Professor, Law Faculty and Permanent Senior Fellow, Human Rights Centre, University of Potsdam and Andreas Zimmermann, Professor of Public, Public International and European Union Law, Professor of European and Public International Business Law, and Director of the Human Rights Centre, University of Potsdam, Germany

Contents:

1 Remarks on the relationship between international human
rights law and international humanitarian law 1
Norman Weiß and Andreas Zimmermann

PART I DURING CONFLICT I: FOCUSING ON
GROUPS AND ACTORS
2 Responsibility for supporting organised armed groups:
a comparison between common Article 1 of the Geneva
Conventions and the ICCPR 12
Daniel Elias Quiñones Møgster
3 Legal fragmentation and obligations for armed non-state
actors: can international humanitarian law and international
human rights law learn from each other? 31
Joshua Joseph Niyo
4 Protection of refugees in the refugee camps: perspectives
on human rights obligations and implied powers of the UNHCR 53
Amity Meng-Ting Hsieh

PART II DURING CONFLICT II: PUSHING LEGAL
BOUNDARIES
5 Solving the ‘life of the nation’ conundrum: extraterritorial
derogations in international military operations 75
Cornelius Wiesener
6 Do armed conflicts justify the application of Article 15
ECHR? Considering the extraterritorial application of the
Convention 94
Hanna Wiczanowska

PART III AFTER CONFLICT
7 Transitional justice and intersectionality in post-conflict
societies 112
Ruth Amir
8 From ‘burying in oblivion’ to ubi jus ibi remedium: the
development and complexities of accountability-based
responses to victims of armed conflict 132
Emily Camins
9 Bridging the gap between impunity and human rights:
international criminal justice 155
Khulisumuzi Kenneth Sithebe
10 Compensating victims of armed conflict: evidence from
the European Court of Human Rights 173
Cornelia Klocker

PART IV NEW APPROACHES AND PERSPECTIVES
11 Inter-state cases under the International Convention on the
Elimination of All Forms of Racial Discrimination 197
David Keane
12 A seat at the table: Islamic law’s neglected potential in
universalising international humanitarian law 223
Julie A. Fraser

Index