The interplay of IHL and IHRL in extraterritorial NIACs

Andrea Joy Harrison

Chapter 1 in Detention in Extraterritorial Non-International Armed Conflicts, 2026, pp 5-15 from Edward Elgar Publishing

Abstract: Chapter 1 provides a conceptual basis for understanding how IHL and IHRL apply in armed conflicts and offers a working definition for extraterritorial NIACs that will be used throughout the book. The tension between IHL and IHRL rules are especially apparent in relation to NIAC detention, and even more so when that detention takes place outside the territory of the detaining State, so it is essential to understand the interplay between these bodies of law. This chapter also addresses the possible sources of law that may be used to fill the gaps in NIAC treaty law, through customary IHL (CIHL) and general principles of law.

Keywords: Extraterritorial NIAC; Customary IHL; Sources of Law; General Principles of Law (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035392735
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