Coherence and acceptance in international law: Can humanitarianism and human rights be reconciled?

Research output: Contribution to journalArticleResearchpeer-review

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 Interna­tional 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 languageEnglish
Pages (from-to)251-267
Number of pages17
JournalAdelaide Law Review
Volume35
Issue number2
Publication statusPublished - 2014
Externally publishedYes

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humanitarianism
international law
human rights
acceptance
Law
legitimacy
International Court of Justice
coherence
Values

Cite this

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Coherence and acceptance in international law: Can humanitarianism and human rights be reconciled? / Crowe, Jonathan.

In: Adelaide Law Review, Vol. 35, No. 2, 2014, p. 251-267.

Research output: Contribution to journalArticleResearchpeer-review

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AB - 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 Interna­tional 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.

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