Some considerations on command responsibility and criminal liability

2008 ◽  
Vol 90 (870) ◽  
pp. 303-317 ◽  
Author(s):  
Jamie Allan Williamson
Keyword(s):  
Criminal Liability ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Perspective ◽  
Superior Responsibility ◽  
Do So

AbstractUnder international humanitarian law commanders have been entrusted with the task of ensuring respect for that body of law by their subordinates. This responsibility includes not only the training in IHL of those under their command, but also the taking of necessary measures to prevent or punish subordinates committing violations of IHL. Failure by a commander to do so will give rise to criminal liability, often termed superior responsibility. The following article reviews some of the issues arising from the application and development of this form of responsibility, from both a practical and a legal perspective.

The International Committee of the Red Cross and the promotion of international humanitarian law: Looking back, looking forward

2014 ◽  
Vol 96 (895-896) ◽  
pp. 817-857 ◽  
Author(s):  
Marion Harroff-Tavel
Keyword(s):  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Simple Task ◽  
The Past ◽  
Globalizing World ◽  
History Of ◽  
Forms Of Violence ◽  
Do So

AbstractIn a globalizing world marked by geopolitical upheaval, unprecedented threats to human security, new forms of violence and technological revolutions, particularly in the area of information technology, it is no simple task to raise awareness of international humanitarian law (IHL) applicable to armed conflict and ensure that warring parties comply with this body of law. This article traces the history of the International Committee of the Red Cross's (ICRC) work in promoting IHL from 1864 to the present, juxtaposing this history with important events in international relations and with the organization's (sometimes traumatizing) experiences that ultimately gave rise to innovative programmes. The article summarizes lively debates that took place at the ICRC around such topics as the place of ethics in the promotion of IHL, respect for cultural diversity in the various methods used to promote this body of law, and how much attention should be devoted to youth – as well as the most effective way to do so. The author concludes by sharing her personal views on the best way to promote IHL in the future by drawing on the lessons of the past.

The dialogue of difference: gender perspectives on international humanitarian law

2010 ◽  
Vol 92 (877) ◽  
pp. 31-52 ◽  
Author(s):  
Helen Durham ◽  
Katie O'Byrne
Keyword(s):  
Sexual Violence ◽  
Armed Conflict ◽  
Potential Usefulness ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Gender Perspective ◽  
Gender Perspectives ◽  
Further Development ◽  
Do So

AbstractThis article examines the meaning and potential usefulness of a ‘gender perspective’ on international humanitarian law (IHL). In order to do so, it considers a number of ‘gendered’ themes found within IHL, including the role of women as combatants, and the gendered use of sexual violence during times of armed conflict. The authors suggest that further development and understanding of a gender perspective will contribute to the resilience and effectiveness of IHL as a system of law, and will strengthen the protection of those who are victimized and disempowered during times of war.

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.

scholarly journals Death of two eminent members of the Movement

1988 ◽  
Vol 28 (267) ◽  
pp. 558-559
Keyword(s):  
Police Officer ◽  
Air Force ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Law ◽  
Set Up ◽  
Do So

The ICRC learned with deep sadness of the death on 24 September 1988 of General Pietro Verri, President of the Florence Branch of the Italian Red Cross, and the death on 16 October 1988 of Mr. Soehanda Ijas, Co-Chairman of the Indonesian Red Cross.General Verri, former Vice-Commander of the Arma dei Carabinieri, was an active supporter of the Red Cross and a tireless champion of international humanitarian law (IHL), a subject in which he was well versed. He was a member of the Italian delegation to the Diplomatic Conference which led, in 1977, to the adoption of the Protocols additional to the 1949 Geneva Conventions and as a profilic author and translator did much to promote the dissemination of IHL in his country. He drew his ability to do so from a flawless knowledge of the theoretical questions underlying the law of armed conflicts, coupled with a vast experience of the practical problems arising from the implementation of these rules. For several years he also acted as director of the courses set up by the Italian Red Cross to train instructors of humanitarian law and regularly taught the law of armed conflicts to members of the Air Force and Police Officer Academies.

Respect for International Humanitarian Law: ICRC Report on its Activities

1987 ◽  
Vol 27 (256) ◽  
pp. 60-79
Author(s):  
Alexandre Hay
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Third ◽  
The Future ◽  
Do So

After Bucharest in 1977 and Manila in 1981, this is the third time I have the honour of addressing you in my capacity as President of the ICRC. As it is also the last time, I would like to ask for your patience because, after ten years at the head of the ICRC, I wish to avail myself of this final opportunity—and do so without having constantly to glance at my watch—to take stock with you and, together, look to the future.

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.

International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia Since 1941: The Code of Professional Conduct for Defence Counsel Appearing Before the International Tribunal

1998 ◽  
Vol 37 (2) ◽  
pp. 488-498
Keyword(s):  
Code Of Conduct ◽  
International Humanitarian Law ◽  
Professional Conduct ◽  
Humanitarian Law ◽  
International Tribunal ◽  
Rules Of Procedure ◽  
Defence Counsel ◽  
The Hague ◽  
Code Of Professional Conduct ◽  
Do So

[Promulgating the annexed Code of Conduct][Done in English and French, the English being authoritative][Dated 12 June 1997 at The Hague]Considering Rules 44 to 46 of the Rules of Procedure of Evidence (“the Rules”) concerning Counsel, which confer on the Registrar the responsibility for ensuring that only Counsel who are qualified to do so appear before the Tribunal,

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.

18 Terrorism, Counter-Terrorism, and International Humanitarian Law

2020 ◽  
Author(s):  
Saul Ben
Keyword(s):  
Armed Conflict ◽  
Criminal Liability ◽  
Fair Trial ◽  
Legal Issues ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Counter Terrorism ◽  
Terrorist Groups ◽  
Forms Of Violence

This concluding chapter addresses the debate about the coverage, adequacy, and effectiveness of international humanitarian law (IHL) in regulating ‘terrorism’. IHL does not recognize any specific legal categories for, or special regime governing, terrorists and terrorist groups. Rather, the general norms of IHL apply to terrorists according to their conduct. IHL was precisely developed as a kind of exceptional or emergency law comprehensively addressing all forms of violence in armed conflict, including that which is labelled ‘terrorist’ in other areas of law. Particularly relevant to terrorism are the general IHL rules on the classification of violence as armed conflict, the categorization of persons during conflict, targeting, detention, criminal liability, and fair trial. Thus, terrorist and counter-terrorist violence may constitute a non-international armed conflict (NIAC) to which IHL applies if the violence is sufficiently intense and organized. The chapter then considers three key legal issues of particular relevance and specificity to terrorism in armed conflict.

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