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2012•SSRN Electronic JournalOpen access

The Application of International Humanitarian Law and International Human Rights Law in Situations of Prolonged Occupation: Only a Matter of Time?

Vaios Koutroulis

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Abstract

The article deals with the effect of the time factor in the application of international humanitarian law (IHL) and international human rights law (HRL) in ‘prolonged belligerent occupations.' It demonstrates that IHL applies in its entirety to such situations and that the adjustments necessary can be made through the interpretation of existing IHL norms. As for HRL, the protracted character of an occupation reinforces the importance of respecting and applying human rights. It cannot however be invoked in order to influence the interpretation of the notion of state of emergency leading to the adoption of derogations from HRL rules.

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What this paper is about

The article deals with the effect of the time factor in the application of international humanitarian law (IHL) and international human rights law (HRL) in ‘prolonged belligerent occupations.' It demonstrates that IHL applies in its entirety to such situations and that the adjustments necessary can be made through the interpretation of existing IHL norms. As for HRL, the protracted character of an occupation reinforces the importance of respecting and applying human rights. It cannot however be invoked in order to influence the interpretation of the notion of state of emergency leading to the adoption of derogations from HRL rules.

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Available abstract

The article deals with the effect of the time factor in the application of international humanitarian law (IHL) and international human rights law (HRL) in ‘prolonged belligerent occupations.' It demonstrates that IHL applies in its entirety to such situations and that the adjustments necessary can be made through the interpretation of existing IHL norms. As for HRL, the protracted character of an occupation reinforces the importance of respecting and applying human rights. It cannot however be invoked in order to influence the interpretation of the notion of state of emergency leading to the adoption of derogations from HRL rules.

Key concepts: Belligerent, International humanitarian law, Interpretation (philosophy), Human rights, Law, Political science, International law, State (computer science)

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