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Human Rights Law

Law Faculty Publications

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2012

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Which Law Governs During Armed Conflict? The Relationship Between International Humanitarian Law And Human Rights Law, Rebecca Crootof, Oona A. Hathaway, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, Julia Spiegel Jan 2012

Which Law Governs During Armed Conflict? The Relationship Between International Humanitarian Law And Human Rights Law, Rebecca Crootof, Oona A. Hathaway, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, Julia Spiegel

Law Faculty Publications

On May 31, 2010, in the early hours of the morning, Israeli Defense Forces boarded and occupied a flotilla of six vessels seventy-two nautical miles from the coast of Gaza. The flotilla carried food and other supplies to Gaza, which was under a naval blockade. During the incident, nine passengers were killed and several others wounded. In the aftermath, a key question that emerged was what body of law applied to the incident? Was it subject to human rights law, international humanitarian law, or some mix of the two?

This same question has been at the heart of ongoing debates …