International and Non-International Conflicts in the Jurisprudence of the ICTY and ICTR

Author(s):  
Theodor Meron

Born in 1945, the United Nations (UN) came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post-Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book's claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume includes chapters on the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states.


Author(s):  
Esraa Aladdin Noori ◽  
Nasser Zain AlAbidine Ahmed

The Russian-American relations have undergone many stages of conflict and competition over cooperation that have left their mark on the international balance of power in the Middle East. The Iraqi and Syrian crises are a detailed development in the Middle East region. The Middle East region has allowed some regional and international conflicts to intensify, with the expansion of the geopolitical circle, which, if applied strategically to the Middle East region, covers the area between Afghanistan and East Asia, From the north to the Maghreb to the west and to the Sudan and the Greater Sahara to the south, its strategic importance will seem clear. It is the main lifeline of the Western world.


2010 ◽  
Vol 35 (04) ◽  
pp. 881-917
Author(s):  
John Hagan ◽  
Richard Brooks ◽  
Todd Haugh

Internal and international conflicts can often involve a level of impunity that allows sexual violence to persist unchecked by military and political leaders. The recent reversal by an appeals panel at the International Criminal Court of a pretrial decision not to charge President al‐Bashir of Sudan with genocide in Darfur offers an important foundation for introducing new types of evidence that can increase the investigation and prosecution of sexual violence during conflicts. The reversal cited the incorrect use of the “beyond a reasonable doubt” standard when the lesser standard of “reasonable grounds” applied. Social science provides methods and measures that can be uniquely used to develop reasonable grounds evidence, for example, to demonstrate the roles of physical perpetrators acting together in horizontal relationships, as well as to establish the indirect participation through vertical relationships of higher‐level defendants, in a chain of command of superior responsibility. We illustrate these points by presenting social science evidence of the responsibility of President al‐Bashir and middle‐ and lower‐level figures in genocidal violence in Darfur.


1998 ◽  
Vol 47 (2) ◽  
pp. 337-361 ◽  
Author(s):  
Lindsay Moir

That humanitarian rules were applicable in armed conflicts was accepted long before the nineteenth century, but the fact that non-international armed conflicts were regarded as beyond the ambit of international regulation meant that the application of such norms to internal armed conflicts was certainly not a matter of course. Towards the end of the eighteenth century there had been a move towards the application of the laws of warfare to non-international armed conflicts as well as international conflicts, but this was based on the character of the conflicts and the fact that both were often of a similar magnitude, rather than any humanitarian concern to treat the victims of both equally. Not until the nineteenth century did the application of the laws of war to non-international armed conflicts become a widespread issue in international law.


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