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This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.
Price: $321.00
Pages: 608
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Leiden Studies on the Frontiers of International Law
Publication Date:
25 September 2023
ISBN: 9789004540934
Format: Hardcover
This book won The Max van der Stoel Human Rights Awards 2023. Floris Tan received the award, which is coordinated by the Netherlands Network for Human Rights Research (NNHRR) and Tilburg Law School, for the best dissertation with a thesis on armed conflict, international humanitarian law and human rights law. According to the jury, the breadth and depth of this dissertation are impressive, as well as the systematic way in which the analysis was conducted. The study proposes that the notion of conflict be redefined, as the current definition is underinclusive. Tan also arrived at ‘various useful and convincing conclusions about where conflicts could arise and how they should be dealt with’.
Floris Tan, PhD (2022) is a legal officer with the Netherlands Ministry of Foreign Affairs. He obtained his PhD from Leiden University. His publications are in the field of human rights law and, beyond the topic of his PhD, relate to the prohibition of limitation of rights for ulterior purposes.