ANÁLISE DA INCURSÃO DO DIREITO INTERNACIONAL DOS DIREITOS HUMANOS AO TERRITÓRIO NORMATIVO DOS CONFLITOS ARMADOS: UM ENQUADRAMENTO PARA O CONFLITO ISRAEL-PALESTINA EM 2021
ANALYSIS OF THE INCURSION OF INTERNATIONAL HUMAN RIGHTS LAW TO THE NORMATIVE TERRITORY OF THE ARMED CONFLICTS: A FRAMEWORK FOR THE ISRAEL-PALESTINE CONFLICT IN 2021
DOI:
https://doi.org/10.21527/2317-5389.2021.18.12349Keywords:
direitos humanos, Direito Internacional dos Direitos Humanos, Direito Internacional Humanitário, conflitos armados, Israel, PalestinaAbstract
This article aims to revisit the interrelationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in honour of their respective normative scopes and in order to carry out an analysis of their complementary or supplementary application, towards the construction of a more appropriate tool for the protection of human beings in extreme situations, as it occurs during armed conflicts. As for the method of approach concerning the logical basis of the investigation, the hypothetical-deductive procedure method was selected, with a qualitative approach, and a bibliographic research followed by a case analysis on the ongoing Israel-Palestine conflict in 2021, insofar as the corroboration or falsification of the main hypothesis will be tested to cases of human rights violations in the aforementioned conflict. The exploratory aim was developed through the understanding of indicating the legal antinomies between IHRL and IHL. In this investigation, it was concluded that the most appropriate positions for the protection of the vulnerable should be substantially grounded on IHRL fundamentals regarding the still obscure area of transition between the two areas, aiming at the consolidation of a doctrinal understanding to base new consultative opinions in the future. Given this framework, the core of this work lies in the understanding of the praxis for the complementary application of both aspects in armed conflicts, considering not only International Human Rights Law as lex generalis, but their effective overlap to the detriment of International Humanitarian Law, when it is most beneficial to human protection.
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