Customary Rules of International Humanitarian Law in the Jurisprudence of the Inter-American Court of Human Rights: The Principle of Precaution in Attack (original) (raw)
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This article examines the application and interpretation of International Humanitarian Law (IHL) by the Inter-American Court of Human Rights (IACtHR) in the context of cases such as Santo Domingo Massacre and Operation Genesis. It highlights issues arising from the Court's potential overreach by evaluating the principle of precaution beyond its traditional role, and critiques the misinterpretation of IHL and its intersection with International Human Rights Law (IHRL). By addressing these complexities, the article seeks to clarify the relationship between IHL and IHRL and its implications for human rights adjudication.
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