Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The History of the Inter-American System's Jurisprudence as Regards Situations of Armed Conflict

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Faced with insurgencies and situations of internal armed conflict in a number of Organization of American States (OAS) member states, some states called upon the Inter-American Commission on Human Rights (IACHR) to take into account the operations of irregular armed groups when assessing the situation of human rights in their countries. The IACHR responded that only assessment of state actions had been included within its mandate and that the OAS member states should amend the IACHR's Statute if they wished to expand its mandate. The OAS member states failed to do so. In 1996, the International Court of Justice (ICJ), in its Advisory Opinion on Nuclear Weapons, set forth its view on the relationship between international human rights law (IHRL) and international humanitarian law (IHL). In 1997, following the ICJ's Opinion, the IACHR began to apply IHL as the lex specialis in its assessments of the situation of IHRL and IHL to cases involving situations of armed conflict and continued to do so until the Inter-American Court of Human Rights (IACtHR) declared the IACHR incompetent to apply IHL. This article submits that the IACtHR erred in its judgment on the Preliminary Objections in Las Palmeras v. Colombia.

10.1163/187815211X586160
/content/journals/10.1163/187815211x586160
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/187815211x586160
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/187815211x586160
Loading

Article metrics loading...

/content/journals/10.1163/187815211x586160
2011-11-01
2016-12-07

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Journal of International Humanitarian Legal Studies — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation