Is there a ‘droit d'ingérence’ in the sphere of information? The right to information from the standpoint of international humanitarian law

1998 ◽  
Vol 38 (325) ◽  
pp. 633-642
Author(s):  
Yves Sandoz
Keyword(s):  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Action ◽  
Right To Information ◽  
The Right ◽  
Do So

International humanitarian law does not deal directly with the right to information, but it is useful to highlight some of the law's features in considering people's right to information in wartime.The right to indispensable itemsInternational law stipulates that civilians have a right to items indispensable to their survival. This entails an obligation for the parties to the conflict, both in enemy territory occupied by them and in their own territory, to allow international action to provide these items if they themselves are unable to do so.

Part IV Transnational Organised Crime as Matter of Certain Branches of International Law, 18 International Humanitarian Law and Transnational Organised Crime

2016 ◽  
Author(s):  
Peterke Sven ◽  
Wolf Joachim
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Organised Crime ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Attack ◽  
International Legal Order ◽  
Criminal Groups ◽  
The Right ◽  
Do So

This chapter analyses the interplay of the use of force in international law and transnational organised crime (TOC). It suggests understanding organised criminal groups as addressees of certain parts of the international legal order that deal with the use of force. For instance, Article 51 United Nations (UN) Charter gives states the right to self-defence following an armed attack without specifying that the armed attack must be carried out by a state. Such an attack can equally emanate from organised criminal groups which, in turn, makes them partial subjects of international law. If gangs engage in TOC, often their action also poses a threat to international peace and security under Article 39 UN Charter. It lies thus within the mandate of the Security Council to deal with such action. The Council has started to do so in recent years and it is called upon to continue this line of work.

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.

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.

scholarly journals SHOULD INTERNATIONAL LAW RECOGNIZE A RIGHT OF HUMANITARIAN INTERVENTION?

2017 ◽  
Vol 66 (2) ◽  
pp. 441-466 ◽  
Author(s):  
Chris O'Meara
Keyword(s):  
Human Rights ◽  
International Law ◽  
Humanitarian Intervention ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Syrian Civil War ◽  
The Right

AbstractThe ongoing Syrian civil war calls for a re-evaluation of using force to protect human rights. This article does not rake over the much-debated issue of whether a right of humanitarian intervention exists as lex lata. Instead, it addresses the little reviewed normative issue of whether the right should exist in international law to support and reflect a pluralistic understanding of sovereignty. Despite advancements in international human rights law, international humanitarian law and international criminal law, this wider fabric of international law preserves Westphalian sovereignty and the principle of non-intervention. It denies any right of humanitarian intervention.

National security and the right to liberty in armed conflict: The legality and limits of security detention in international humanitarian law

2016 ◽  
Vol 98 (903) ◽  
pp. 961-993
Author(s):  
Zelalem Mogessie Teferra
Keyword(s):  
National Security ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Periodic Review ◽  
Human Rights Law ◽  
Conflict Situations ◽  
The Right

AbstractThis paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian law and international human rights law. These safeguards affirm that the search for absolute security is neither desirable nor attainable and that the mere invocation of security concerns does not grant an absolute power to restrict or suspend the liberty of individuals in armed conflict situations. Whenever it is imposed, security detention should be preventive in nature, and must aim at safeguarding the basic national security interests of a State from serious, future, direct and imminent threats related to the armed conflict situation. Detainees should also be able to challenge its legality before a competent organ at the initial or later stage of the detention through a system of periodic review.

Sanctions for violations of international humanitarian law: the problem of the division of competences between national authorities and between national and international authorities

2008 ◽  
Vol 90 (870) ◽  
pp. 359-370 ◽  
Author(s):  
Xavier Philippe
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Technical Aspects ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Broad Interpretation ◽  
Do So

AbstractThis article seeks to explore the reasons why sanctions for international humanitarian law (IHL) violations are so difficult to put into effect. Beyond the lack of willingness of states to do so for political reasons, some more technical aspects should be emphasized. The implementation of sanctions is too often seen solely through the prism of international law, without enough attention being paid to the complexity and diversity of municipal legal systems. The author puts forward the idea that efficiency starts with a clear sharing of competencies. Three main issues are discussed: first, the influence of the sharing of competencies within the state (between the judiciary, the executive and the legislature) on the implementation of sanctions; second, the broad interpretation of their powers by regional or international bodies in charge of monitoring and reviewing human rights protection; and, third, the creation of new or specific bodies in charge of dealing with and if necessary punishing gross violations of humanitarian law.

scholarly journals The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation

2021 ◽  
pp. 78-98
Author(s):  
K. O. Keburiya ◽  
A. M. Solntsev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Basic Principles ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Right

INTRODUCTION. The research analyzes the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines) of December 16, 2005. The Article examines the stages of the adoption of this document, the concept, structure, basic provisions, as well as the importance for the development of modern international law, particularly in the field of human rights protection and international humanitarian law. Consequently, the Article provides a detailed analysis of the approach to the central subject of this document, that is, the right to a remedy and reparation, which is expressed in practical application by universal and regional bodies on human rights and in the field of humanitarian law. In this regard, the position of the right to a remedy and reparation in the complex of human rights is determined, as well as their interconnection and relation to each other.MATERIALS AND METHODS. The theoretical researches of the Russian and foreign experts in the field of international law have been analyzed in this very Article as well as the normative documents, recommendations, and decisions of the treaty bodies on human rights within the UN system, the law enforcement practice of universal and regional judicial and quasi-judicial bodies for the protection of human rights and in the field of international humanitarian law have also been studied. Such methods of scientific cognition as analysis and synthesis, the generalization method, the system-structural method, as well as the historical-legal and legal-technical methods have also been applied in this research.RESEARCH RESULTS. The Article reveals the significance and impact of the mechanism developed in the Basic Principles and Guidelines, in general, on the international human rights system. The Basic Principles and Guidelines are an international document, developed with the best practice of existing legal systems. It was adopted unanimously through the consensus reached by all parties concerned. The Basic Principles and Guidelines are aimed at codifying the provisions on the right to a remedy and reparation enshrined in various international treaties and as well as at developing a unified approach to these rights. Thus, the said international instrument does not create any new rules but classifies and uniforms the set of provisions on the right to a remedy and reparation. This nature of the Basic Principles and Guidelines makes them an attractive tool for international bodies in their law enforcement practice related to ensuring the right to a remedy and reparation. DISCUSSION ANDCONCLUSSIONS. The Basic Principles and Guidelines enshrine the responsibility of States in the field of human rights protection, when the second party to the conflict is individual, or individuals whose rights have been or may be violated. Therefore, the Basic Principles are focused on the interests of the victim of a violation of human rights, that is, they are deliberately humanistic and human rights oriented. The document provides a classification of victims to more adequately cover human rights mechanisms that ensure the protection of persons, individually or collectively. Further, it pays special attention to the protection of victims of gross violations of human rights. In addition, the Basic Principles and Guidelines list and describe forms of reparation for the victims of human rights violations.

From the “Right to Have Rights” to the “Critique of Humanitarian Reason”

2018 ◽  
pp. 101-124
Author(s):  
Seyla Benhabib
Keyword(s):  
International Law ◽  
Hannah Arendt ◽  
Political Agency ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Emancipatory Politics ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter explores Jacques Rancière's trenchant critique of Hannah Arendt, after briefly recalling Arendt's discussion of the right to have rights. It shows how Rancière not only misreads Arendt, but much of what he defends as the necessary enactment of rights is quite compatible with an Arendtian understanding of political agency. The chapter then turns to the quandaries of “humanitarian reason,” in Didier Fassin's felicitous phrase. To address them, the chapter calls for a new conceptualization of the relationship between international law and emancipatory politics; a new way of understanding how to negotiate the facticity and the validity of the law, including international humanitarian law, such as to create new vistas for the political.

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”.

scholarly journals PROTECTION OF THE RIGHT OF ASYLUM IN INTERNATIONAL LAW

2021 ◽  
Vol 03 (03) ◽  
pp. 152-162
Author(s):  
Djamila BENALI
Keyword(s):  
Human Rights ◽  
International Law ◽  
Geneva Convention ◽  
International Humanitarian Law ◽  
International Code ◽  
Humanitarian Law ◽  
Human Right ◽  
The Right ◽  
International Conventions ◽  
Fundamental Reference

The question of asylum was considered a key issue in the International Code of charters and the Code of Human Rights. It is a human right enshrined in international conventions and confirmed by regional conventions. The 1951 Convention for the Protection of Refugees and the 1967 Protocol relating to Refugees constitute a fundamental reference for the protection of the right of asylum. In addition, international humanitarian law has also contributed to the protection of the right of asylum through the provisions of the Fourth Geneva Convention of 1949.

Sign in / Sign up

Export Citation Format

Share Document