Economic, social and cultural rights of civilians in contexts of armed conflict and occupation : an international law perspective

Abstract

This dissertation examines the role, function and adequacy of public international law to deal with civilians' access to, enjoyment and progressive realisation of economic, social and cultural rights (ESC rights) as controversially affected during and in the aftermath of contemporary scenarios of armed conflict, other situations of massive violence, and contexts of occupied territories. Over the course of the past three decades the nature of armed conflicts, their causes and consequences have undergone major changes. Similarly, current-day military occupations have assumed polymorphic features, including forms of prolonged occupation or forms of interim administrations to carry out "regime change" in the occupied territory. It is argued that relevant implications against civilians' vulnerability may derive from a more integrated and holistic approach of international law to issues pertaining to the respect, protection, and fulfilment of ESC rights. In particular, the position taken is that certain branches of international law have progressively come to represent valuable legal tools enabling to delineate and clarify the core substance and uncertain boundaries of outstanding connections emerging between civilians' ESC rights and conflict-affected or occupation-related settings. The evolution of the international legal framework invites, indeed, a reconsideration of the normative responses advanced under international humanitarian law in tandem with the functional development of other applicable international legal regimes, such as international criminal law and international human rights law. Through an extensive review of legal instruments and practice, this study investigates the following: which international norms have progressively supported developments in the normative content of ESC rights and favour a more precise understanding of the nature and scope of ensuing obligations to be addressed for the imperative of civilian protection; which international norms have tackled questions of accountability for their violations as committed during the conduct of hostilities and its aftermath or the administration of occupied territories; which international norms have also advanced the availability of remedies to ensure the basic right to effective remedy and reparation for the violations concerned. Accordingly, emerging trends alongside relevant gaps, weaknesses and limits in the legal branches concerned are addressed by suggesting a number of conclusive basic remarks.