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Human Rights Protection During Armed Conflict: What, When, and for Whom?

Scobbie, Iain, Human Rights Protection During Armed Conflict: What, When, and for Whom? (October 7, 2014). Erika de Wet & Jann Kleffner (eds), Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations (Pretoria University Law Press, Pretoria) Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2506793

“This essay seeks to examine some of the under–discussed questions in the debate regarding human rights and the law of armed conflict. What are the implications of the classification of a conflict in mapping this relationship? This is principally a technical matter. More incisively, and more conceptually, to what extent does the State bear responsibility to protect the human rights of its combatants? Could this question be a test case, or breaking point, in this debate?”

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