Assistance to the civilian population: the development and present state of international humanitarian law

1992 ◽  
Vol 32 (288) ◽  
pp. 249-263 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
International Law ◽  
Present State ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Right

Bearing in mind the plethora of rules applicable in time of war, jurists define international law rather elaborately as follows:“International humanitarian law applicable in armed conflict means international rules, established by treaties or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts and which, for humanitarian reasons, limit the right of Parties to a conflict to use the methods and means of warfare of their choice or protect persons and property that are, or may be, affected by conflict”.

Displacement of Civilians during Armed Conflict in the Light of the Case Law of the Eritrea-Ethiopia Claims Commission

2009 ◽  
Vol 22 (4) ◽  
pp. 823-851 ◽  
Author(s):  
ALLEHONE MULUGETA ABEBE
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Law

AbstractThe awards on liability and damages for violations of international humanitarian law of the Eritrea-Ethiopia Claims Commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The Commission reached a number of important decisions based on government-to-government claims brought by Ethiopia and Eritrea for injuries, losses, and damage suffered by individuals and groups uprooted by the war. While these decisions bring to light the potential of international humanitarian law in addressing the plight of the displaced, they also expose the limitations of the tribunal's mandate and its interpretation of existing law. The aim of this essay is to analyse the case law of the Commission in the light of international law applicable to situations of displacement of civilians triggered by international armed conflicts, and evaluate the relevance of the Commission's jurisprudence for the development of the law in the field.

The Interplay Between International Humanitarian Law and Refugee Law

2010 ◽  
Vol 1 (2) ◽  
pp. 329-381
Author(s):  
Pablo Antonio Fernández-Sánchez
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Refugee Status ◽  
Simultaneous Application ◽  
Refugee Law ◽  
The Right

AbstractInternational humanitarian law (IHL) is not the sole body of international law that applies in armed conflicts. Among the different legal bodies that may be subject to the simultaneous application during armed conflicts is refugee law. The questions considered in this article are the protection of refugees under IHL, including the right of non-refoulement during armed conflicts. The cumulative application of IHL and refugee law is another focus of analysis. This article deals with inter alia the reinforced extension of alien rights to refugees during armed conflict, the possibility to grant refugee status to new actors which appear during armed conflict, the obligation to disarm and separate armed elements, the forced transfer of refugees for military or humanitarian reasons, and the right of ex-combatants to be treated as civilian refugees once they have disarmed and their legal status can be determined.

scholarly journals La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire

2009 ◽  
Vol 27 (2) ◽  
pp. 431
Author(s):  
Sophie Rondeau
Keyword(s):  
Present Article ◽  
Present State ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Droit International ◽  
The Right ◽  
Droit International Humanitaire

Le présent article fait état d’un questionnement sur l’état actuel du rôle des normes juridiques émanant du système de droit international humanitaire (DIH) en ce qui a trait au droit à la réparation, en prenant soin de mettre la personne en tant que victime de la guerre au centre de notre réflexion. En considérant la notion de réparation sous l’angle de la victime comme un tout à décrire et à analyser, nous cherchons à savoir s’il existe un droit à la réparation que possède la victime d’un conflit armé régi par le droit international humanitaire. Le fondement même de cette recherche s’appuie donc sur le cadre normatif conventionnel du DIH régissant la notion de réparation, que cette dernière accorde ou non un droit à une victime.This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals The Right to Life in Armed Conflict

2018 ◽  
Author(s):  
Ian Park
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Right To Life ◽  
Applicable Law ◽  
The Uk ◽  
The Right

The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas; thus the significance of the issue will remain unabated. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR; the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.

The use of nuclear weapons and human rights

2015 ◽  
Vol 97 (899) ◽  
pp. 663-680
Author(s):  
Stuart Casey-Maslen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Nuclear Weapons ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Healthy Environment ◽  
The Right

AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

Commission I: War victims and respect for international humanitarian law

1996 ◽  
Vol 36 (310) ◽  
pp. 36-42
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
War Victims

Commission I, which was chaired by H.E. Ambassador Hisashi Owada, Permanent Representative of Japan to the United Nations in New York, had two main items on its agenda: discussion of the follow-up to the 1993 International Conference for the Protection of War Victims held in Geneva and action to be taken in that regard by the 26th International Conference, and examination of a number of humanitarian issues relating to the protection of the civilian population in times of armed conflict. The Commission also took note of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea.

Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts: An inquiry into the governing legal regime

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1195-1224 ◽  
Author(s):  
Ezequiel Heffes ◽  
Marcos D. Kotlik
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Decision Making Process ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Regime ◽  
Geneva Conventions ◽  
Domestic Law

AbstractCommon Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way that is consistent with the principle of equality of belligerents. This provides incentives for armed groups to respect the IHL rules they have themselves negotiated. However, even upon the conclusion of such agreements, it remains unclear which legal regime governs them. This paper will argue that special agreements are governed by international law instead of domestic law or asui generislegal regime.

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