The year in review

2002 ◽  
Vol 5 ◽  
pp. 255-312 ◽  
Author(s):  
Avril McDonald

With the attacks of 11 September 2001 very much casting their shadow, 2002 was a year in which issues concerning both thejus in belloand thejus ad bellumoccupied centre stage in international law and relations and dominated the news agenda, but often in a way that promoted confusion and misinformation rather than greater understanding of the law, and, as the year progressed, frustration and despair rather than optimism.Transnational terrorism was cemented as the declared pre-eminent security concern of many states, and, as a consequence, full speed into the ‘global war on terror’ (hereinafter GWOT), the integrity of international humanitarian law, human rights law and international law in general, including the role of international organisations such as the United Nations, came under increasing challenge. Focal points of rancorous, polarised debate were the fact and the conditions of detention of persons, including minors, at Guantánamo Bay, Cuba; the applicability and relevance of international humanitarian law in the context of the terrorist threat and the counter-terrorist response; the perceived conflict between human rights and national security; the coming into being of the International Criminal Court (ICC) and the US's almost obsessive opposition to it; and, as the year drew to a close, the spectre of the use of force against Iraq without Security Council authorisation by an increasingly belligerent United States and a handful of its allies.

Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


Author(s):  
Carla Ferstman

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.


2015 ◽  
Vol 14 (1) ◽  
pp. 79-90
Author(s):  
István Harkai

On the surface, Western Sahara is one of the most uninteresting regions of Africa, but anyone interested in international law, can easily find many exciting issues to explore. After a brief historical review, the author will try to examine the abuse of human rights and, the infringement of international humanitarian law which were committed by the parties during the fight for freedom of the Sahrawi people. The essay also analyses the circumstances of the refugees.


2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim

Laws regulate conducts by responding to social and political requirements. This holds true for the law of nations as well. Contemporary international law follows two separate tracks when it comes to regulating human rights and humanitarian questions. If international human rights law and international humanitarian law are intended to protect the dignity and worth of human beings, as it is often said, why follow separate tracks? Does humanity really exist? If it does, how does it relate to human rights? If the two are distinct, where do they converge? This article highlights these questions by revisiting the contours of international law.


1998 ◽  
Vol 38 (325) ◽  
pp. 671-683 ◽  
Author(s):  
Marie-Claude Roberge

After years of relentless effort and five weeks of intense and difficult negotiations, the Statute of the International Criminal Court (ICC) was adopted and opened for signature in Rome on 17 July 1998. This historic event represents a major step forward in the battle against impunity and towards better respect for international humanitarian law. For too long it has been possible to commit atrocities with total impunity, a situation which has given perpetrators carte blanche to continue such practices. The system of repression established by international law clearly has its shortcomings, and the time has come to adopt new rules and set up new institutions to ensure the effective prosecution of international crimes. A criminal court, whether at the national or international level, does not put a stop to crime, but it may serve as a deterrent and, consequently, may help reduce the number of victims. The results achieved in Rome should thus be welcomed, in the hope that the new Court will be able to discharge its mandate to the full.


2019 ◽  
pp. 297-304
Author(s):  
Knut Traisbach

This chapter is a comment on a reflection by Frédéric Mégret on the limits of the laws of war. It proposes a jurisprudence of limits that focuses less on absolute ideals but on the compromising and enabling space ‘in-between’ these absolutes. Relying on Hannah Arendt’s views on different conceptions of humanity, the comment critically engages with a thinking in terms of inherent opposing interests and oscillations between them. A conception of limits as reproducing inherent absolutes is disabling and passive. Instead, limits can be understood as facilitating a space that enables us to judge and to act, also through compromise. International humanitarian law and international human rights law, perhaps more than other areas of international law, depend on preserving and actively seeking this politically relevant space.


2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen

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.


Author(s):  
Anders Henriksen

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.


2002 ◽  
Vol 20 (2) ◽  
pp. 185-199 ◽  
Author(s):  
Jean-Daniel Vigny ◽  
Cecilia Thompson

This article focusses on the issue of fundamental standards of humanity, a set of principles to reflect both international human rights and humanitarian law, as a means to address the insufficient protection of persons in situations of internal violence. Such fundamental standards of humanity, applicable at all times, in all circumstances and to all parties, are necessary to address four areas: 1) States are not party to international instruments; 2) human rights obligations are derogated from; 3) international humanitarian law is not applicable or is so but is not applied; and 4) non-State actors may not be bound by obligations under international law. The article provides an overview of the steps taken by the international community to address the issue, discusses the sources of international human rights law, humanitarian law and refugee law from which fundamental standards of humanity could be drawn, and suggests further steps to be taken. The authors are convinced that fundamental standards of humanity would serve as an educational tool to enhance effective implementation of relevant international law.


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