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The Global Community Yearbook of International Law and Jurisprudence 2020$
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Giuliana Ziccardi Capaldo

Print publication date: 2021

Print ISBN-13: 9780197618721

Published to Oxford Scholarship Online: February 2022

DOI: 10.1093/oso/9780197618721.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 06 July 2022

On the Origins of Human Rights in War

On the Origins of Human Rights in War

(p.157) On the Origins of Human Rights in War
The Global Community Yearbook of International Law and Jurisprudence 2020

Robert Kolb

Oxford University Press

This chapter discusses the thesis found in some newer publications according to which the two branches of international humanitarian law and international human rights law were not as neatly separated between 1949 and 1968 as is often claimed. Its point is that while in effect no complete separation prevailed, the pendulum should not swing too much in the other direction. It would be an anachronistic ideological statement, projected back to the past, to say that both branches were in close relations since the times after World War II. Separation prevailed, but bridges were progressively built, blossoming since the end of the 1960s, especially in the wake of Israeli occupation of Palestinian territories.

Keywords:   armed conflict, international humanitarian law, human rights law, IHL-HRL relationship, ICRC-UN cooperation

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