The Moral Imperative: Toward a Human Rights-Based Law of War

摘要

The normative frameworks under which International Humanitarian Law ("IHL") and human rights law each operate are in conflict with one another. As Professor, now Judge, Meron observed: Not surprisingly, it has become common in some quarters to conflate human rights and the law of war/international humanitarian law. Nevertheless, despite the growing convergence of various protective trends, significant differences remain. Unlike human rights law, the law of war allows, or at least tolerates, the killing and wounding of innocent human beings not directly participating in an armed conflict, such as civilian victims of lawful collateral damage.