konflikt zbrojny

  • zastosowanie praw człowieka w realiach konfliktu zbrojnego

    Author: Marcin Przybysz
    Institution: Uniwersytet Szczeciński
    Year of publication: 2010
    Source: Show
    Pages: 69-81
    DOI Address: https://doi.org/10.15804/ppk.2010.01.05
    PDF: ppk/01/ppk105.pdf

    For many years international humanitarian law (IHL) and human rights law (HR) used to be separated branches of law applied in different situations and circumstances. Depending on the state of international relations human rights law as “law of peace” or international humanitarian law as “law of war” (ius in bellum) had to be chosen. On the other hand human rights were a domain of a classical state’s constitutional law whilst IHL was a subject of interstate treaties. Even despite shared common values such as human dignity or humanitarianism, paths of both legal systems have not crossed with each other at least until the end of sixties or seven- ties of the twentieth century. Changes which have occurred during last 30 years in international relations as well as appearance of new forms of armed conflicts forced scholars as well as international judicial bodies to consider a shift in previous standard and narrow way of legal interpretation. The author of the article presents dif- ferent historical roots of both legal branches of law as well as contemporary challenges related with their frequent penetration in circumstances of modern armed conflicts such as in Balkans, Turkey, Russia or Iraq.

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