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

Institutional Approach between ihl and ihrl

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

Current Trends in the Jurisprudence of the Inter-American Court of Human Rights

Recently, the interaction between international human rights law (ihrl) and international humanitarian law (ihl) has been significantly developed by the jurisprudence of the Inter-American Court of Human Rights (iacthr). This article analyzes this recent trend from the cases of the Santo Domingo Massacre and Afro communities displaced from the Cacarica River Basin (Operation Genesis) of this tribunal to assert its competence not only to use ihl to interpret the Inter-American human rights instruments but, at the same time, to approach a direct use of humanitarian standards, which creates a gray area between the interpretation and application of such area of law. In doing so, the Court resorts to the lex specialis, if the ihl norm is the most specialized for the case, and uses ihl to a limited extent, only to expand the content of human rights, but not to judge on possible violations of ihl, which results in a methodology of pick and choose of ihl provisions.

Affiliations: 1: PhD. Professor of Public international law, Director of the Institute for Democracy and Human Rights of the Pontifical Catholic University of Peru, esalmon@pucp.edu.pe

10.1163/18781527-00501010
/content/journals/10.1163/18781527-00501010
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/18781527-00501010
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18781527-00501010
Loading

Article metrics loading...

/content/journals/10.1163/18781527-00501010
2014-01-10
2017-11-23

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