International Law and Weapons Review

2021 ◽  
Author(s):  
Natalia Jevglevskaja

International law requires that, before any new weapon is developed, purchased or modified, the legality of its use must be determined. This book offers the first comprehensive and systemic analysis of the law mandating such assessments – Article 36 of the 1977 Additional Protocol I to the Geneva Conventions. Underpinned by empirical research, the book explores the challenges the weapons review authorities are facing when examining emerging military technology, such as autonomous weapons systems and (autonomous) cyber capabilities. It argues that Article 36 is sufficiently broad to cover a wide range of military systems and offers States the necessary flexibility to adopt a process that best suits their organisational demands. While sending a clear signal that law should not simply follow technological developments, but rather steer them, the provision has its limits, however, which are shaped and defined by the interpretative decisions made by States.

1986 ◽  
Vol 26 (251) ◽  
pp. 113-114

It is the understanding of the Government of Italy that the rules relating to the use of weapons introduced by Additional Protocol I were intended to apply exclusively to conventional weapons. They do not prejudice any other rule of international law applicable to other types of weapons.The Italian Government understands, in relation to Articles 41, 56, 57, 58, 78 and 86, that the word “feasible” is to be understood as practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.


Author(s):  
Lina Hastuti

The tendency of the current conflict is a new type of conflict, which is not regulated by international humanitarian law. After World War II, in any war, emphasize the protection of victims of war and an obligation to be responsible for violations of international law or international humanitarian law. The purpose this research is to explore the theories or the law resources in International Humanitarian Law to facing a new type of armed conflict.  It is also significant to know where the discovered principles international humanitarian law about the problem. Based on Martens Clause and 1977 Additional Protocol I and II or Si Omnes Clause and Common Articles 2 Geneva Conventions 1949 can applied in new type of armed conflicts. As the development of international humanitarian law which always follow the development of the international community, to address issues related to a new type of armed conflict, it can be back to the theories and legal resources in international humanitarian law. Keywords: Armed Conflict, International Humanitarian Law


This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.


GIS Business ◽  
2019 ◽  
Vol 14 (6) ◽  
pp. 597-606
Author(s):  
Dr. Maha Mustafa Omer Abdalaziz

The study aims at the technological developments that are taking place in the world and have impacted on all sectors and fields and imposed on the business organizations and commercial companies to carry out their marketing and promotional activities within the electronic environment. The most prominent of these developments is the emergence of the concept of electronic advertising which opened a wide range of companies and businessmen to advertise And to promote their products and their work easily through the Internet, which has become full of electronic advertising, and in light of that will discuss the creative strategy used in electronic advertising;


2018 ◽  
Vol 35 (4) ◽  
pp. 62-64
Author(s):  
Nazar Ul Islam Wani

Pilgrimage in Islam is a religious act wherein Muslims leave their homes and spaces and travel to another place, the nature, geography, and dispositions of which they are unfamiliar. They carry their luggage and belongings and leave their own spaces to receive the blessings of the dead, commemorate past events and places, and venerate the elect. In Pilgrimage in Islam, Sophia Rose Arjana writes that “intimacy with Allah is achievable in certain spaces, which is an important story of Islamic pilgrimage”. The devotional life unfolds in a spatial idiom. The introductory part of the book reflects on how pilgrimage in Islam is far more complex than the annual pilgrimage (ḥajj), which is one of the basic rites and obligations of Islam beside the formal profession of faith (kalima); prayers (ṣalāt); fasting (ṣawm); and almsgiving (zakāt). More pilgrims throng to Karbala, Iraq, on the Arbaeen pilgrimage than to Mecca on the Hajj, for example, but the former has received far less academic attention. The author expands her analytic scope to consider sites like Konya, Samarkand, Fez, and Bosnia, where Muslims travel to visit countless holy sites (mazarāt), graves, tombs, complexes, mosques, shrines, mountaintops, springs, and gardens to receive the blessings (baraka) of saints buried there. She reflects on broader methodological and theoretical questions—how do we define religion?—through the diversity of Islamic traditions about pilgrimage. Arjana writes that in pilgrimage—something which creates spaces and dispositions—Muslim journeys cross sectarian boundaries, incorporate non-Muslim rituals, and involve numerous communities, languages, and traditions (the merging of Shia, Sunni, and Sufi categories) even to “engende[r] a syncretic tradition”. This approach stands against the simplistic scholarship on “pilgrimage in Islam”, which recourses back to the story of the Hajj. Instead, Arjana borrows a notion of ‘replacement hajjs’ from the German orientalist Annemarie Schimmel, to argue that ziyārat is neither a sectarian practice nor antithetical to Hajj. In the first chapter, Arjana presents “pilgrimage in Islam” as an open, demonstrative and communicative category. The extensive nature of the ‘pilgrimage’ genre is presented through documenting spaces and sites, geographies, and imaginations, and is visualized through architectural designs and structures related to ziyārat, like those named qubba, mazār (shrine), qabr (tomb), darih (cenotaph), mashhad (site of martyrdom), and maqām (place of a holy person). In the second chapter, the author continues the theme of visiting sacred pilgrimage sites like “nascent Jerusalem”, Mecca, and Medina. Jerusalem offers dozens of cases of the ‘veneration of the dead’ (historically and archaeologically) which, according to Arjana, characterizes much of Islamic pilgrimage. The third chapter explains rituals, beliefs, and miracles associated with the venerated bodies of the dead, including Karbala (commemorating the death of Hussein in 680 CE), ‘Alawi pilgrimage, and pilgrimage to Hadrat Khidr, which blur sectarian lines of affiliation. Such Islamic pilgrimage is marked by inclusiveness and cohabitation. The fourth chapter engages dreams, miracles, magical occurrences, folk stories, and experiences of clairvoyance (firāsat) and the blessings attached to a particular saint or walī (“friend of God”). This makes the theme of pilgrimage “fluid, dynamic and multi-dimensional,” as shown in Javanese (Indonesian) pilgrimage where tradition is associated with Islam but involves Hindu, Buddhist and animistic elements. This chapter cites numerous sites that offer fluid spaces for the expression of different identities, the practice of distinct rituals, and cohabitation of different religious communities through the idea of “shared pilgrimage”. The fifth and final chapter shows how technologies and economies inflect pilgrimage. Arjana discusses the commodification of “religious personalities, traditions and places” and the mass production of transnational pilgrimage souvenirs, in order to focus on the changing nature of Islamic pilgrimage in the modern world through “capitalism, mobility and tech nology”. The massive changes wrought by technological developments are evident even from the profusion of representations of Hajj, as through pilgrims’ photos, blogs, and other efforts at self documentation. The symbolic representation of the dead through souvenirs makes the theme of pilgrimage more complex. Interestingly, she then notes how “virtual pilgrimage” or “cyber-pilgrimage” forms a part of Islamic pilgrimage in our times, amplifying how pilgrimage itself is a wide range of “active, ongoing, dynamic rituals, traditions and performances that involve material religions and imaginative formations and spaces.” Analyzing religious texts alone will not yield an adequate picture of pilgrimage in Islam, Arjana concludes. Rather one must consider texts alongside beliefs, rituals, bodies, objects, relationships, maps, personalities, and emotions. The book takes no normative position on whether the ziyāratvisitation is in fact a bid‘ah (heretical innovation), as certain Muslim orthodoxies have argued. The author invokes Shahab Ahmad’s account of how aspects of Muslim culture and history are seen as lying outside Islam, even though “not everything Muslims do is Islam, but every Muslim expression of meaning must be constituting in Islam in some way”. The book is a solid contribution to the field of pilgrimage and Islamic studies, and the author’s own travels and visits to the pilgrimage sites make it a practicalcontribution to religious studies. Nazar Ul Islam Wani, PhDAssistant Professor, Department of Higher EducationJammu and Kashmir, India


Author(s):  
Tilman Rodenhäuser

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.


2021 ◽  
pp. 1-27
Author(s):  
Tiberiu Dragu ◽  
Yonatan Lupu

Abstract How will advances in digital technology affect the future of human rights and authoritarian rule? Media figures, public intellectuals, and scholars have debated this relationship for decades, with some arguing that new technologies facilitate mobilization against the state and others countering that the same technologies allow authoritarians to strengthen their grip on power. We address this issue by analyzing the first game-theoretic model that accounts for the dual effects of technology within the strategic context of preventive repression. Our game-theoretical analysis suggests that technological developments may not be detrimental to authoritarian control and may, in fact, strengthen authoritarian control by facilitating a wide range of human rights abuses. We show that technological innovation leads to greater levels of abuses to prevent opposition groups from mobilizing and increases the likelihood that authoritarians will succeed in preventing such mobilization. These results have broad implications for the human rights regime, democratization efforts, and the interpretation of recent declines in violent human rights abuses.


2007 ◽  
Vol 101 (2) ◽  
pp. 459-465 ◽  
Author(s):  
Daniel Bodansky ◽  
Orna Ben-Naftali ◽  
Keren Michaeli

Public Committee Against Torture in Israel v. Government of Israel. Case No. HCJ 769/02. At <http://elyonl.court.gov.il/files_eng/02/690/007/a34/02007690.a34.pdf>.Supreme Court of Israel, sitting as the High Court of Justice, December 13, 2006.In Public Committee Against Torture in Israel v. Government of Israel1 Targeted Killings) the Supreme Court of Israel, sitting as the High Court of Justice, examined the legality of Israel's “preventative targeted killings” of members of militant Palestinian organizations. The Court's unanimous conclusion reads:The result of the examination is not that such strikes are always permissible or that they are always forbidden. The approach of customary international law applying to armed conflicts of an international nature is that civilians are protected from attacks by the army. However, that protection does not exist regarding those civilians “for such time as they take a direct part in hostilities” (§51(3) of [Additional Protocol I]). Harming such civilians, even if the result is death, is permitted, on the condition that there is no less harmful means, and on the condition that innocent civilians are not harmed. Harm to the latter must be proportional. (Para. 60)


Author(s):  
Martha M. Bradley

Abstract This paper examines the notion of intensity in the context of common Article 3 and Additional Protocol II (AP II) to the Geneva Conventions in order to establish whether AP II demands a different intensity threshold from the minimum threshold of intensity contemplated in common Article 3. The paper considers the question of whether the inclusion of the term “sustained” in the phrase “sustained and concerted military operations” intrinsic to the threshold in Article 1(1) of AP II introduces a temporal requirement in addition to mere protracted armed violence. The paper argues that the inclusion of the term “sustained” in Article 1(1) of AP II potentially demands prolonged protracted armed violence. The research aims to contribute to the existing literature on the notion of intensity demanded by the scope of application inherent in AP II through an interrogation of the phrase “sustained” military operations by employing the rules of treaty interpretation and by examining relevant case law and scholarly debate. In this way, the author hopes to contribute towards filling a lacuna with regard to the minimum threshold for intensity in the context of treaty law concerned with the classification of non-international armed conflicts.


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