scholarly journals Condemning or Condoning the Perpetrators? International Humanitarian Law and Attitudes Toward Wartime Violence

2019 ◽  
Vol 44 (1) ◽  
pp. 192-226 ◽  
Author(s):  
Geoffrey P. R. Wallace
Keyword(s):  
International Law ◽  
Value Systems ◽  
International Humanitarian Law ◽  
Moral Foundations ◽  
Humanitarian Law ◽  
Legal Principles ◽  
Post Conflict ◽  
The Relationship ◽  
Difficult Situations ◽  
Cross National

What are the implications of international law for attitudes toward wartime violence? Existing research offers contrasting views on the ability of international legal principles to shape individual preferences, especially in difficult situations involving armed conflict. Employing cross-national survey evidence from several conflict and post-conflict countries, this article contributes to this debate by evaluating the relationship between individuals’ knowledge of the laws of war and attitudes toward wartime conduct. Findings show that exposure to international law is associated with a significant reduction in support for wartime abuses, though the results are stronger for prisoner treatment than for targeting civilians. Analysis further reveals that legal principles generate different expectations of conduct than alternative value systems that are rooted in strong moral foundations regarding the impermissibility of wartime abuses. The findings are relevant for understanding the relationship between international law and domestic actors, and how legal principles relate to the resort to violence.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

States' entitlement to take action to enforce international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 177-195 ◽  
Author(s):  
Kamen Sachariew
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Human Life ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Lasting Peace ◽  
The Relationship ◽  
Ultimate Purpose

The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.

scholarly journals The meaning of Moscow: “Non-lethal” weapons and international law in the early 21st century

2005 ◽  
Vol 87 (859) ◽  
pp. 525-552 ◽  
Author(s):  
David P. Fidler
Keyword(s):  
International Law ◽  
21St Century ◽  
Terrorist Attack ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Early 21St Century ◽  
The Past ◽  
History Of ◽  
The Relationship ◽  
The Early 21St Century

AbstractAt the intersection of new weapon technologies and international humanitarian law, so-called “non-lethal” weapons have become an area of particular interest. This article analyses the relationship between “non-lethal” weapons and international law in the early 21st century by focusing on the most seminal incident to date in the short history of the “non-lethal” weapons debate, the use of an incapacitating chemical to end a terrorist attack on a Moscow theatre in October 2002. This tragic incident has shown that rapid technological change will continue to stress international law on the development and use of weaponry but in ways more politically charged, legally complicated and ethically challenging than the application of international humanitarian law in the past.

Thoughts on the relationship between International Humanitarian Law and Refugee Law, their promotion and dissemination

1988 ◽  
Vol 28 (265) ◽  
pp. 367-378
Author(s):  
Jovića Patrnogic
Keyword(s):  
Human Rights ◽  
International Law ◽  
20Th Century ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Refugee Law ◽  
The Relationship

From the beginning of the 20th century up to the present, international law has been marked by a profound evolution: it has been progressively humanized. Those responsible for drafting international law have clearly understood that it could no longer disregard the fate of human beings and leave to States and their internal laws the protection of fundamental human rights, both in peacetime and during armed conflicts.

scholarly journals CRIMINAL LIABILITY FOR HUMANITARIAN CRIMES IN INTERNATIONAL LAW AND ITS REFLECTION IN RUSSIAN NATIONAL LEGISLATION

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 190-196
Author(s):  
V. A. Bugaev ◽  
A. V. Chaika
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Criminal Liability ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Legislation ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Relationship

The article discusses the problems of the relationship between international law in general and, in particular, international humanitarian law and the criminal legislation of the Russian Federation in determining responsibility for international humanitarian crimes. The analysis of the emergence of international humanitarian law, its fundamental principles and their reflection in the law of Russia and the Russian Federation.

75 Years of International Law-Making at the United Nations

2020 ◽  
Vol 23 (1) ◽  
pp. 1-38
Author(s):  
Miguel de Serpa Soares
Keyword(s):  
International Law ◽  
San Francisco ◽  
International Humanitarian Law ◽  
Unique Contribution ◽  
Humanitarian Law ◽  
Member States ◽  
Legal Personality ◽  
Legal Principles ◽  
International Legal Personality ◽  
Law Making

For the last 75 years, the UN has been placed at the centre of international law-making. The Organization can be considered both as a place where international law is discussed, made and interpreted by its Member States and as a proper actor, with its own international legal personality, voice and practice, engaged in the creation and implementation of international law. This article considers the extraordinary position of the UN in providing a unique contribution to the development, codification and implementation of international law in branches ranging from the law of treaties to the legal principles governing the protection and preservation of the marine environment or the criminal accountability for graves violations of international humanitarian law. On its 75th anniversary, the Organization has demonstrated its flexibility and adaptability to the changing priorities and concerns of the international community and facilitated the commitment of its Member States to multilateralism and the principles enshrined in the Charter signed on 26 June 1945 in San Francisco. Indeed, the outlook for the next 25 years of international law-making at the UN looks brighter than it may at first appear.

scholarly journals Intersection Principles Between Islamic And International Humanitarian Law

2019 ◽  
Vol 16 (2) ◽  
pp. 265
Author(s):  
Himmah A'la Rufaida
Keyword(s):  
Islamic Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Basic Principles ◽  
Legal Principles ◽  
Relationship Of ◽  
The Relationship ◽  
Islamic Values ◽  
Universal Nature

Abstract The universal nature as inherent in Islamic Law and International Humanitarian Law makes these two laws often compared. The comparison in terms of the principles between the two legal instruments is very interesting considering they both originate from two poles of thought which are always competing and without being insulated by space. There is no law that is permanent and final, that is what happened to those two legal methods. Law develops according to the era without reducing values. Islamic values were born much earlier than International Humanitarian Law. The basic principles of Islamic Law concerning the relationship of humanity in society between nations and nations during wars have become a strong foundation for international humanitarian law norms. For example, such as legal principles that contain the principles of equality, freedom, peace, humanity and so on

Sign in / Sign up

Export Citation Format

Share Document