
Contents
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I. Introduction I. Introduction
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II. Shaping International Humanitarian Law II. Shaping International Humanitarian Law
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A. Shaping as a Process and as Its Outcome A. Shaping as a Process and as Its Outcome
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B. Human Rights Mechanisms Shaping IHL B. Human Rights Mechanisms Shaping IHL
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C. Criticism and Limitations C. Criticism and Limitations
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III. New Avenues for Shaping IHL? The Human Rights Council and the Obligations of Armed Groups III. New Avenues for Shaping IHL? The Human Rights Council and the Obligations of Armed Groups
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A. Special Procedures and Armed Groups A. Special Procedures and Armed Groups
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B. Independent Investigations and Armed Groups B. Independent Investigations and Armed Groups
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C. Appraisal C. Appraisal
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IV. Conclusion IV. Conclusion
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10 The Role of Human Rights Mechanisms in Shaping International Humanitarian Law
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Published:May 2024
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Abstract
The influence of international human rights law (IHRL) on the law of armed conflict is well recognized. At the same time, the direct contribution of human rights mechanisms to the development of international humanitarian law (IHL) is less so. This chapter shows that human rights mechanisms have played a role in shaping IHL, most notably as a consequence of the co-application of IHL and IHRL in armed conflict. The chapter goes on to explore new potential avenues for the shaping of IHL by human rights mechanisms, focusing on the role of the mechanisms of the Human Rights Council in shaping the obligations of armed groups parties to non-international armed conflicts.
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