Abstract
The relationship between international humanitarian law and international human rights law has been widely debated. Influential discussions have been produced by both the International Court of Justice and the InternaÂtional Law Commission. This article brings a new perspective to this issue, emphasising and contrasting the underlying concepts that the two areas of law rely on for their legitimacy. I argue that while international human rights law derives its legitimacy largely from the value of coherence, international humanitarian law emphasises the notion of acceptance. This contrast has important implications for efforts to integrate the two fields.
Original language | English |
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Pages (from-to) | 251-267 |
Number of pages | 17 |
Journal | Adelaide Law Review |
Volume | 35 |
Issue number | 2 |
Publication status | Published - 2014 |
Externally published | Yes |