The death of Lex Specialis? Regional human rights mechanisms and the protection of civilians in armed conflict

Bowring, Bill (2018) The death of Lex Specialis? Regional human rights mechanisms and the protection of civilians in armed conflict. In: Sands, P. and Lattimer, M. (eds.) The Grey Zone: Civilian Protection Between Human Rights and the Laws of War. London, UK: Hart Publishing. ISBN 9781509908653.

Abstract

In this contribution I engage with one of the thorniest and most controversial topics to bedevil international law concerning the protection of civilians in armed conflict. First, I outline the various approaches to the problem from 1996 onwards, and my own – radical perhaps – response in 2009. Next, I turn to the fruitful jurisprudence of the Inter-American Commission and Court of Human Rights. Third, I engage with the refusal, perhaps wisely, of the European Court of Human Rights to engage with the spectre of lex specialis as a means of resolving the apparent tension between international human rights law (IHRL) and international humanitarian law (IHL) or the law of armed conflict. This culminated in the 2014 Grand Chamber judgment in Hassan v UK. Lastly, I turn to a recent intervention by the African Commission on Human and Peoples’ Rights.

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