HUMAN RIGHTS IN WAR: ON THE ENTANGLED FOUNDATIONS OF THE 1949 GENEVA CONVENTIONS

• 成果类型: Article
• 署名作者: van Dijk, Boyd
• 署名单位: University of Amsterdam
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2018.84
• 发表日期: 2018
• 页码: 553-582
• 关键词: history; LAW; PRISONERS; icrc; idea

摘要

The relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how human rights thinking played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.