CHAPTER 5 David Llewellyn and H. Victor Condé, Freedom of Religion or Belief Under International Humanitarian Law and International Criminal Law
In this chapter David Llewellyn and Victor Condé consider an area which has received little scholarly attention thus far—that of Freedom of Religion or Belief under International Humanitarian Law and International Criminal Law. The authors argue for the fundamental importance of this matter, because not only does religious need and interest escalate during times of war or armed conflict, but religion may be deeply implicated in the violence, and solutions may be impossible without respecting religious rights. To make their point, the authors compare human rights norms regarding freedom of religion or belief with corresponding norms under international humanitarian and international criminal law. Despite the very different origins and purposes of these three areas of international law, the relevant norms reveal a close degree of correlation and resemblance. As a practical matter, the chapter underscores an idea that is often expressed, but that seldom finds more compelling vindication: freedom of religion or belief is nonderogable under all circumstances, from peace time to war to armed conflicts to post-war situations.
