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The effective convergence between IHL and international human rights law in guaranteeing the right to life in situations of volatile occupation

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Chapter Summary

One of the most intractable questions for the parallel application of international human rights law (IHRL) and international humanitarian law (IHL) in occupied territories is the extent to which the standards fleshed out in the jurisprudence of the monitoring bodies of human rights treaties concerning the right to life can be applied to conduct of hostilities that break out in occupied territories. This has been the subject of much of academic debate in relation to so-called targeted killing. This chapter discusses the criteria that have been developed in law-enforcement context to assess lawful recourse to lethal force. It focuses on the extent to which the standard of proportionality and its subtests fleshed out in IHRL context can be transposed to the assessment of specific attacks involving lethal force in situations which are generally considered subject to IHL rules on conduct of hostilities.

Keywords: hostilities; international human rights law (IHRL); international humanitarian law (IHL); law enforcement officials; occupied territories; proportionality assessment; targeted killing



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