Hardback
Equality and Non-Discrimination in Armed Conflict
Humanitarian and Human Rights Law in Practice
9781035315246 Edward Elgar Publishing
In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict. The book provides a general overview of the guarantees of equality and non-discrimination under both International Humanitarian Law (IHL) and human rights, demonstrating key principles and notions with illustrative examples from contemporary armed conflicts. This book will be a beneficial resource for legal audiences interested in international law, namely law of armed conflict or IHL, human rights, and non-discrimination.
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Critical Acclaim
Contents
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Although expressly prohibited under international law, discrimination is amongst the humanitarian issues that adversely impact persons, communities, and society at large, in all types of armed conflicts. In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict.
Discrimination is often the root cause of, or it is intrinsically linked to, armed conflict. The realities of such situations can also exacerbate inequalities that predate the outbreak of the conflict. Addressing a significant dearth in legal literature, this discerning book analyses an array of sources of international humanitarian law (IHL) and human rights law in order to define a method to distinguish between prohibited discrimination and other differentiations in armed conflict that are permitted or even required by law. To facilitate the evaluation of a practice as discrimination, Dvaladze utilises illustrative examples from recent practices in contemporary armed conflicts and interactive flowcharts.
Offering in-depth analysis of the principles of equality and non-discrimination in armed conflict, this book will be a beneficial resource for audiences interested in international law, namely law of armed conflict or IHL and human rights. Practitioners, policymakers, and academics, as well as those in the wider humanitarian sector, will find this book to be a valuable read.
Discrimination is often the root cause of, or it is intrinsically linked to, armed conflict. The realities of such situations can also exacerbate inequalities that predate the outbreak of the conflict. Addressing a significant dearth in legal literature, this discerning book analyses an array of sources of international humanitarian law (IHL) and human rights law in order to define a method to distinguish between prohibited discrimination and other differentiations in armed conflict that are permitted or even required by law. To facilitate the evaluation of a practice as discrimination, Dvaladze utilises illustrative examples from recent practices in contemporary armed conflicts and interactive flowcharts.
Offering in-depth analysis of the principles of equality and non-discrimination in armed conflict, this book will be a beneficial resource for audiences interested in international law, namely law of armed conflict or IHL and human rights. Practitioners, policymakers, and academics, as well as those in the wider humanitarian sector, will find this book to be a valuable read.
Critical Acclaim
‘Discrimination is both a root cause and a frequent consequence of armed conflict, and Dvaladze expertly examines the concepts and applicability of equality and non-discrimination protections in armed conflict from the lens of IHL and international human rights law. This book is a must-read for every IHL practitioner as it centralizes the protections of vulnerable populations at the heart of armed conflict!’
– Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland
‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’
– Marco Sassòli, University of Geneva, Switzerland
– Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland
‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’
– Marco Sassòli, University of Geneva, Switzerland
Contents
Contents: Introduction PART I GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY 1 Overview of IHL guarantees on equality and non-discrimination 2 Overview of human rights guarantees on equality and
non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index
non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index
