Naz K. Modirzadeh, The Dark Sides of Convergence: A Pro-civilian Critique of the Extraterritorial Application of Human Rights Law in Armed Conflict, 86 Int'l L. Stud. 349 (2010).
Abstract: This paper argues that the formalist machinations currently employed to argue that violations of IHL should come within the jurisdictional ambit of human rights instruments and courts may be harmful to the very aims liberal international lawyers seek to achieve. My argument is that parallel application is equally as bad for the Iraqi civilian as it is for the American soldier. As we pull back the layers of legalistic argumentation, the real role of rights discourse and the real function of human rights law on the battlefield seem much less thought-out than leading scholars suggest, and the implications for this new approach to international law seem much more problematic than the current debate on the issue presents.