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We will explore these issues and more, examining the gaps that exist between IHRL jurisprudence and the practice of militarily active states, including Australia.
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Are states only bound by international humanitarian law (IHL) or are they also bound by their human rights obligations? This points to other areas of dispute: to what extent do states owe human rights obligations outside their borders? Can states derogate from IHRL in armed conflict? Debates also surround issues such as whether non-state armed actors are bound by human rights law and whether states owe human rights obligations to the members of their armed forces while on military operations. The controversy begins with the identification of the applicable branch (or branches) of law. Leonard Rubenstein, JD, LLM, is Senior Scientist and Director of the Program on Human Rights, Health and Conflict at the Johns Hopkins Bloomberg School of Public Health and core faculty of the Johns Hopkins Center for Humanitarian Health and the Johns Hopkins Berman Institute of Bioethics.
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The application of international human rights law (IHRL) in situations of armed conflict is one of the most contested areas of contemporary international law. Armed incidents and conflicts Share Although different in scope, both international human rights law and international humanitarian law offer a series of complementary and mutually reinforcing protections to persons in armed conflict, whether civilians, persons who are no longer participating directly in hostilities or active participants.
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