publication

The limits of human rights in times of armed conflict and other situations of armed violence

Authors:
Andrew CLAPHAM
2019

Human rights are said to be ill-adapted to times of armed conflict or for dealing with exceptional terrorist threats. Are human rights limited by the applicability of other branches of international law including the laws of war? Are there limits to the work human rights can usefully do in situations of threatened violence when their strict application is said to put lives at risk? This chapter tackles some of the contemporary arguments surrounding the limitations of human rights law in the face of the competing demands of winning the war and killing terrorists. It focuses on killings and detention inside and outside armed conflict. It also asks whether there are limits to the obligations we can impose on armed groups.