Monthly archive February, 2017

A legal approach to investigations of arbitrary deprivations of life in armed conflicts: The need for a dynamic understanding of the interplay between IHL and HRL

1. Introduction This paper is a response to the analysis provided by Dr Luca Gervasoni on a ‘Contextual-Functional Approach to Investigations of Right to Life Violations in Armed Conflicts’. In his contribution, Dr Gervasoni provided a very thorough and precise analysis of developments in the human rights sphere pertaining to the obligation to investigate in...

A contextual-functional approach to investigations into right to life violations in armed conflict

1. Introduction The right to life is often referred to as the foundational right insofar as ‘when [it] is not respected, all the other rights lack meaning’.[1] An essential protection of the right to life consists of the duty to investigate its violations.[2] Under both international human rights law and international humanitarian law States have...

The Obligation to Investigate Violations of the Right to Life Reloaded: How Far Does it Go in Times of Armed Conflict?

Introduced by Gabriella Citroni*   The right to life has been referred to as ‘the supreme right’[1] and ‘the most important of all human rights’.[2] It has further been observed that it is ‘basic to all human rights’,[3] given that its enjoyment is ‘essential for the exercise of all other human rights. If not respected,...