CHALLENGES IN APPLYING HUMAN RIGHTS LAW TO ARMED CONFLICT

When trying to apply human rights law in times of armed conflict, one encounters several problems and obstacles of an international legal character. This paper will look at some of these problems: Firstly, the question of the actual applicability of human rights law in armed conflict. Secondly, the relationship between these two bodies of law in times of armed conflict. If human rights law is found to be applicable, it is of the utmost importance to determine how these two bodies of law relate to each other. Finally it will address the mandate of one of the most important human rights bodies, the European Court of Human Rights, regarding its mandate to use and discuss humanitarian law under the European Convention of Human Rights.

Autorentext

Tord Honne Holgernes has a Master of Laws from the University of Bergen, Norway. He has also studied in Sydney, Australia, specializing in International Human Rights Law and War Law at the University of Sydney.