IHL and other legal regimes
Selected Topics
Reference documents
Analysis
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International human rights law and international humanitarian law are traditionally two distinct branches of law. Yet, developments in international and national jurisprudence and practice have led to the recognition that these two bodies of law not only share a common humanist ideal of dignity and integrity but overlap substantially in practice.
26-12-2007 | International Law Forum, University of Jerusalem | Cordula Droege
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Can "jus ad bellum" override "jus in bello"? Reaffirming the separation of the two bodies of law
The theoretical separation of "jus ad bellum" and "jus in bello" provides important protection during armed conflict. It guarantees that "jus in bello" will apply regardless of the cause of a conflict. However, this distinction has been challenged by the view that in some cases, a situation of self-defence may be so extreme, and the threat to the survival of the State so great, that violations of "jus in bello" may be warranted.
31-12-2008 | International Review of the Red Cross | Jasmine Moussa
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