HUMAN RIGHTS VIOLATIONS PERPETRATED BY STATE AGENTS IN MILITARY OCCUPATIONS: ANALYSIS OF THE INCURSION OF INTERNATIONAL HUMAN RIGHTS LAW TO THE NORMATIVE TERRITORY OF THE ARMED CONFLICTS

Authors

DOI:

https://doi.org/10.12662/2447-6641oj.v19i32.p32-57.2021

Keywords:

International Human Rights Law, International Humanitarian Law, Military Occupations, Human Rights Violations, Legal Antinomy

Abstract

Objectives: 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. This is because, amid the multifaceted vulnerabilities that accumulate in today's conflicts, it is essential to provide the most effective source of protection - proportional to the demands for protection that are manifested today, particularly in military occupations around the world, whose occurrence will be the focus of this research.

Methodology: 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 and case analysis technique, insofar as the corroboration or falsification of the main hypothesis about the effective complementary and harmonious application of IHRL will be tested to cases of human rights violations in International Armed Conflicts in the military occupation modality. The exploratory aim was developed through the understanding of the Military Occupations as an ideal scenario to indicate the legal antinomies between IHRL and IHL.

Results: In this investigation, specifically utilising the Military Occupations scenario, 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.

Contributions: 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 in the cases of Military Occupations.

Author Biographies

Sidney Cesar Silva Guerra, PPGD - Universidade Federal do Rio de Janeiro (UFRJ) PPGD - Universidade Cândido Mendes (UCAM)

Post-Doctor by the Center for Social Studies (CES) of the University of Coimbra - Portugal and Post-Doctor by the Advanced Program of Contemporary Culture of the Federal University of Rio de Janeiro (PACC / UFRJ). He is a Doctor, Master and Specialist in Law. Professor of the Law School of the State of Rio de Janeiro (EMERJ) and of some foreign universities: the Interamerican University of Puerto Rico, Catholic University of Cordoba, University of Burgos and also at the University of Havana. He carried out research with funding from various development agencies, such as CNPq, CAPES, MJ / PNUD, FAPERJ, FUNADESP and Dom Cintra Foundation. He holds the title of research granted by FAPERJ (State of Rio de Janeiro). In addition to being a Lawyer, he also holds a degree in Business Administration and has been working in the field of Public Law. He is also a Legal Consultant and Appraiser, having been Legal Director and Municipal Attorney and Municipal Secretary of Administration of Duque de Caxias - RJ (January 2013 to December 2016). He is also the author and co-author of several books, besides having several articles published in specialized magazines, periodicals and annals.

Luz E. Nagle, Stetson University College of Law: Gulfport, FL, US

University law professor teaching international law, international business & transborder criminal law, human trafficking, human rights, anti-corruption, corporate social responsibility, terrorism/global security. Consultant for USAID, US Southern Command, US State Department, United Nations, and int'l law firms. Involved in global anti-corruption and anti-human trafficking training/education, and judicial reform and rule of law initiatives in fragile, transitional and post-conflict states. Training military commanders in integrating human rights and international humanitarian law protocols and interacting cooperatively with NGO's working in operational zones of conflict. 

Ádria Saviano Fabricio da Silva, Universidade do Estado do Rio de Janeiro (UERJ)

Master's degree student in International Law at the Rio de Janeiro State University. Member of the Brazilian Red Cross National Response Team. Volunteer at the Brazilian Red Cross Amazonas. Researcher in International Humanitarian Law and Humanitarian Diplomacy.
(Em aberto)

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Published

2021-05-28

How to Cite

GUERRA, Sidney Cesar Silva; NAGLE, Luz E.; SILVA, Ádria Saviano Fabricio da. HUMAN RIGHTS VIOLATIONS PERPETRATED BY STATE AGENTS IN MILITARY OCCUPATIONS: ANALYSIS OF THE INCURSION OF INTERNATIONAL HUMAN RIGHTS LAW TO THE NORMATIVE TERRITORY OF THE ARMED CONFLICTS. Revista Opinião Jurídica (Fortaleza), Fortaleza, v. 19, n. 32, p. 32–57, 2021. DOI: 10.12662/2447-6641oj.v19i32.p32-57.2021. Disponível em: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3873. Acesso em: 8 jun. 2026.

Issue

Vol. 19 No. 32 (2021)

Section

Artigos Originais

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