Abstract

JIMENEZ REINA, Jonnathan; GIL OSORIO, Juan Fernando  and  JIMENEZ REINA, Roger. Operational law in terms of human rights and international humanitarian law. Rev. Cient. Gen. José María Córdova [online]. 2021, vol.19, n.33, pp.115-131.  Epub Aug 12, 2021. ISSN 1900-6586.  https://doi.org/10.21830/19006586.655.

Operational law, which emerged to regulate the public force's operations, is a recent branch of law on whose definition and delimitation there are insufficient contributions. This article sets out to determine what operational law is in light of its relationship with human rights and international humanitarian law. First, the concept is described from a legal, jurisprudential, and doctrinal perspective to understand its characteristics and various conceptions. Then, the concepts of human rights and international humanitarian law are characterized to underline their nature, content, and application scope. Finally, it analyzes how operational law relates to both concepts while identifying their differences to provide a delineated definition.

Keywords : human rights; international humanitarian law; law enforcement; military operations; operational law.

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