Transatlantic workshop on international law and armed conflict
'Symmetries: International humanitarian law and international human rights law' This workshop, organized by the ICRC and the Oxford Institute for Ethics, Law and Armed Conflict, will bring together scholars and practitioners of international humanitarian law from both sides of the Atlantic.
Where: Oxford University
When: 18.07.2013 - 19.07.2013
The participants in the invitation-only event will analyse the symmetries between human rights and the laws of armed conflict. The workshop aims to forge an understanding of the differences in interpretation by the UK and USA and the interaction between their respective legal regimes.
According to one view, human rights law forms part of the law of peace and is not applicable, in principle, to the acts of armed forces in time of war. This view has been challenged by decisions of several international tribunals. In addition, domestic courts have applied international human rights law and domestic constitutional rights regimes to the acts of armed forces in time of conflict.
So the question of the extent to which human rights regimes apply extra-territorially remains unsettled. Given that most international tribunals consider that human rights law (or constitutional rights regimes) apply in time of conflict, how should the relationship between human rights and IHL (also known as the law of armed conflict) be conceived? Should States consider derogations from human rights treaties (when possible) when engaged in armed conflict abroad? Would such derogations even be possible given the terms of the relevant treaties?
These are just some of the specific issues that will be debated during the course of the workshop.