The application of human rights in armed conflict and the international criminalisation process

Author(s):  
Ilias Bantekas ◽  
Lutz Oette
Keyword(s):  
2016 ◽  
Vol 5 (1) ◽  
Author(s):  
W akar Amin

History is witness to the fact that warring factions in any armed conflict often commit several human rights violations like murder, rape, torture etc., and the act of disappearance of person is one among them. While the persons who are subjected to disappearance are the primary victims, the families they leave behind are the secondary victims. The situation makes families of the disappeared person suffer great anguish when their loved ones go disappeared. The phenomenon produces anguish, fear and unspeakable sorrow for thousands of families. Appreciating the importance of social work professionals in helping families deal effective with their life situations the present paper aims to provide a case for social work interventional techniques of Social Support System (SSS) and Case Management to modify and make the social environment conducive for the families to live a normal life.


Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Salvador Santino Jr. Fulo Regilme ◽  
Elisabetta Spoldi

Abstract Despite the consolidated body of public international law on children’s rights and armed conflict, why do armed rebel groups and state forces deploy children in armed conflict, particularly in Somalia? First, due to the lack of alternative sources of income and livelihood beyond armed conflict, children join the army due to coercive recruitment by commanders of armed groups. Their participation in armed conflict generates a fleeting and false sense of material security and belongingness in a group. Second, many Somali children were born in an environment of existential violence and material insecurity that normalized and routinized violence, thereby motivating them to view enlistment in armed conflict as morally permissible and necessary for existential survival.


2018 ◽  
Vol 100 (907-909) ◽  
pp. 237-265
Author(s):  
Alon Margalit

AbstractThis article draws attention to the situation of LGBT persons during armed conflict. Subjected to violence and discrimination outside the context of armed conflict, the latter aggravates their vulnerability and exposure to various abuses. Despite important progress made with respect to their protection under human rights law, a similar effort is largely absent from the international humanitarian law discourse. This article accordingly highlights some of the norms and challenges pertaining to the protection of LGBT persons in time of war.


2018 ◽  
Vol 112 (4) ◽  
pp. 553-582 ◽  
Author(s):  
Boyd van Dijk

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.


2017 ◽  
Vol 21 (1) ◽  
pp. 41-60
Author(s):  
Rajesh Kumar Meher

The study analyzes involvement of children in the decade-long Maoist armed conflict in Nepal, an issue of grave human rights violations. An armed conflict affects all sections of the society irrespective of caste, class, gender, region, and religion. However, children have been one of the most vulnerable groups in the Maoist conflict in Nepal. The decade-long Maoist conflict in Nepal has various implications on children such as disruption of education, separation from families, killing and maiming, illegal detention, disability resulting from the conflict, etc. Thus, there has been gross human rights violation of children during the conflict. But one of the worst forms of implications of the Maoist conflict has been the recruitment of children as combatants by the Maoist Army, otherwise known as the People’s Liberation Army, formed in 2001, in their fight against the state forces, which is the focus of this study. The article explores how the poor disadvantaged children have been the major target of recruitment by the Maoist. It discusses the role played by the child recruits during the conflict. Besides, it examines the role played particularly by the United Nations as well as the Nepali civil societies in the protection, rehabilitation, and reintegration of children into the civil society.


1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.


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