Reapprasing the Approach of International Law to Civil Wars: Aid to Legitimate Governments or Insurgents and Conflict Minimization

2019 ◽  
Vol 56 ◽  
pp. 144-219
Author(s):  
ANTONIO BULTRINI
Keyword(s):  
Civil Wars ◽  
State Level ◽  
Legal Framework ◽  
Second World War ◽  
State Violence ◽  
Internal Conflict ◽  
Conflict Situations ◽  
Foreign Intervention ◽  
Second World ◽  
Inter State

AbstractSince the Second World War, there has been a constant decrease of inter-state conflicts. In sharp contrast, the level of intra-state violence has not declined and has even reached unprecedented peaks. This points to a striking discrepancy between the rejection of violence at the inter-state level and the wide leeway that is still afforded to the use of violence at the intra-state level and to external interferences fueling it. This article takes stock of the main features (and serious flaws) of the existing legal framework on aid to governments or insurgents in internal conflict situations. On the basis of a combined legal and conflict-management analysis, the author proposes a radically different approach and formulates a number of legal and policy recommendations on how to tackle the complex phenomenon of foreign intervention in civil wars, where enormous human, economic, and social implications are at stake.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

In the Ruins of the Japanese Empire

2020 ◽  
Keyword(s):  
Cold War ◽  
East Asia ◽  
Civil Wars ◽  
Second World War ◽  
New Order ◽  
Japanese Empire ◽  
World War ◽  
History Of ◽  
The Military ◽  
Second World

The destruction of Japan’s empire in August 1945 under the military onslaught of the Allied Powers produced a powerful rupture in the histories of modern East Asia. Everywhere imperial ruins from Manchuria to Taiwan bore memoires of a great run of upheavals and wars which in turn produced revolutionary uprisings and civil wars from China to Korea. The end of global Second World War did not bring peace and stability to East Asia. Power did not simply change hands swiftly and smoothly. Rather the disintegration of Japan’s imperium inaugurated a era of unprecedented bloodletting, state destruction, state creation, and reinvention of international order. In the ruins of Japan’s New Order, legal anarchy, personal revenge, ethnic displacement, and nationalist resentments were the crucible for decades of violence. As the circuits of empire went into meltdown in 1945, questions over the continuity of state and law, ideologies and the troubled inheritance of the Japanese empire could no longer be suppressed. In the Ruins of the Japanese Empire takes a transnational lens to this period, concluding that we need to write the violence of empire’s end – and empire itself - back into the global history of East Asia’s Cold War.

Europe’s Civil Wars, 1941–1949

2014 ◽  
Author(s):  
Aviel Roshwald
Keyword(s):  
Comparative Analysis ◽  
Civil War ◽  
Civil Wars ◽  
Second World War ◽  
European Countries ◽  
Frames Of Reference ◽  
World War ◽  
Complex Interplay ◽  
Second World ◽  
Best Fit

A number of the conflicts that wracked European countries under Axis-power occupation during the Second World War can be understood as civil wars. This analytical prism should be seen as complementing rather than replacing the more conventional pairing of collaboration and resistance. The three European cases from this period that best fit conventional notions of civil war in terms of the intensity and duration of fighting among co-nationals are Greece, Yugoslavia, and Italy. A comparative analysis can yield insights into the complex interplay of historical continuities and ruptures, and of nationalist and internationalist frames of reference, in shaping the agendas and choices of participants in these violent struggles.

The Reuniting of Families in Europe during and after the Second World War

1979 ◽  
Vol 19 (211) ◽  
pp. 171-183
Author(s):  
H. G. Beckh
Keyword(s):  
Civil Wars ◽  
Second World War ◽  
Narrow Sense ◽  
World War ◽  
Political Tension ◽  
External Events ◽  
Second World

It is necessary, first of all, to define what is understood here by the expression “reuniting of families”.In this article, the term is used in a narrow sense. It refers to the humanitarian protection given, on an international plane, for the reuniting of the members of one and the same family, who have been separated from each other against their will, as a result of external events—international wars, civil wars, internal disturbances, grave political tension—and who have ended up in different countries on either side of a frontier which they find impossible to cross. In most cases, the difficulties involved for such persons to obtain permits allowing them to leave a particular country and enter another are practically insurmountable. It is such persons who are referred to here and it is to them that the ICRC endeavours to bring its assistance.

Victims' Rights Overview under the ICC Legal Framework: A Jurisprudential Analysis

2007 ◽  
Vol 7 (2-3) ◽  
pp. 531-547 ◽  
Author(s):  
Gioia Greco
Keyword(s):  
Rome Statute ◽  
Legal Framework ◽  
Second World War ◽  
International Level ◽  
World War ◽  
Victim Status ◽  
Wide Range ◽  
History Of ◽  
Compensation Claims ◽  
Second World

AbstractVictims' role in trials gained greater relevance over the span of the history of domestic legal systems. Even so, it was only after the Second World War that compensation claims enhanced the crescendo of victims' rights recognized at international level. The ICC legal framework stands out as a glaring achievement in the international field. In fact, the Rome Statute grants to victims a wide range of rights starting from the pretrial stage throughout the trial. The protection and involvement of victims in trials reflects not only procedural fairness but also takes into consideration victims' needs and claims for justice. Beginning from a teleological approach, this paper illustrates the victims' rights under the Rome Statute. Particularly, it analyzes the Court's jurisprudential interpretation of the underpinning criteria for victim status and the rights of participation and to justice as illustrated in the Lubanga case.

scholarly journals “Narrative Museums” and Curators’ Rights: The Protection of a Museum Exhibition and Its Scenario under Polish Law

2020 ◽  
pp. 151-176
Author(s):  
Alicja Jagielska-Burduk ◽  
Andrzej Jakubowski
Keyword(s):  
Copyright Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Second World War ◽  
Moral Rights ◽  
Legal Questions ◽  
Cultural Experiences ◽  
Museum Exhibitions ◽  
Polish Law ◽  
Second World

Since at least the 1990s, museums have expanded to cover a variety of societal functions, often enabling inclusive and participatory spaces for critical dialogue about the past and the future, and bridging together various narratives and cultural experiences, contributing to social cohesion and reconciliation. The new functions of museums, involving novel technological forms of display and communication, pose several legal questions concerning the management of such institutions, their resources, and exhibitions, including issues of copyright and other intellectual property rights. While referring to a recent case concerning an alleged infringement of the moral rights of the authors of the permanent exhibition of the Museum of the Second World War in Gdansk (MWII), this article examines the scope of copyright protection in new, so-called, “narrative” museums under Polish law. First it briefly scrutinizes main facts and circumstances of this case. Secondly, it discusses the current legal framework on the copyright protection of museum exhibitions under Polish law. Next, in light of the judgment rendered in the MWII case, the standard of legal protection of moral interests resulting from a museum exhibition’s design and its scenario (script) is explored. Finally, the article concludes with a set of observations concerning the extent to which copyright law may serve as a tool for protecting the integrity of museum exhibitions and their original conceptual design.

scholarly journals Rethinking Ionesco's Absurd: The Bald Soprano in the Interlingual Context of Vichy and Postwar France

PMLA ◽  
2018 ◽  
Vol 133 (2) ◽  
pp. 347-363 ◽  
Author(s):  
Julia Elsky
Keyword(s):  
Language Learning ◽  
Second World War ◽  
State Violence ◽  
Political Activity ◽  
World War ◽  
New Approach ◽  
French Version ◽  
Theater Of The Absurd ◽  
Politics Of Language ◽  
Second World

Rereading Eugène Ionesco's postwar play La cantatrice chauve (The Bald Soprano) in the light of the original, wartime Romanian version alongside archival materials concerning his political activity in Vichy France allows us to reconsider his role in the theater of the absurd. Instead of staging the emptiness of language in a conformist world, the Romanian play dramatizes how language and language exchange created meaning but also upheld state violence during the Second World War. Although the French version of the play adapts this theme to the postwar context, traces of state power over language remain. his new approach to a central text of the theater of the absurd invites us to reexamine the politics of language and language learning in wartime and postwar France.

scholarly journals Rewolucja dokonana i obroniona

2018 ◽  
Vol 62 (1) ◽  
pp. 215-230
Author(s):  
Bronisław Gołębiowski
Keyword(s):  
19Th Century ◽  
Second World War ◽  
Social Imaginary ◽  
Self Awareness ◽  
World War ◽  
The People ◽  
The Social ◽  
Foreign Intervention ◽  
The 19Th Century ◽  
Second World

The author disputes Leder’s idea in Prześniona rewolucja. Ćwiczenie z logiki historycznej [A Missed Revolution: Exercise in Historical Logic] (2014) that a great revolution, eliminating the “late feudalism” of the 19th century, occurred in Poland in the years 1939–1956 and that it happened because of the war’s destruction of the old social structures and the Nazi genocide of the Jewish population, that is, the bourgeois class, which was replaced in the years 1945–1956 by unconscious beneficiaries of the change. The beneficiaries were unaware, he writes, because the essence of the changes and their benefits never entered the social imaginary. The core of the author’s polemic is the claim that such change, which was conducted by force and by foreigners, can not be called a “revolution,” that is, the passage of society to modernity. Furthermore, the author claims that the great Polish revolution was conducted in full by the nation, by the peasant classes, in the years 1914–1922, and was popular and independence-oriented in nature. It was the continuation of the Polish independence uprisings of the 19th century, the result of changes in the social structure that had been occurring for years in the Polish lands, which were at the time divided between the partitioning states, and of deepening self-awareness among the people. The revolution was continued after Poland’s acquisition of independence in 1918. The Second World War, and foreign intervention, only disrupted that process.

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