scholarly journals Beyond the ‘Sham’ Critique and the Narrative of Humanitarianism: A Rejoinder to Jochen von Bernstorff

2020 ◽  
Vol 31 (2) ◽  
pp. 721-726
Author(s):  
Eyal Benvenisti ◽  
Doreen Lustig
Keyword(s):  
Historical Analysis ◽  
Historical Research ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Research Project ◽  
Historical Approach

Abstract We are very grateful to Professor von Bernstorff for taking the trouble to read and comment on our article,1 which is a segment of a larger research project. His feedback will be invaluable in taking this project successfully to its next stage. While we could not address each and every aspect of his critique, the following response addresses four elements: the assertion that we argued that international humanitarian law (IHL) is merely a sham; his description of our historical approach as focused on the domestic; the ramifications of our historical analysis for future interpretation of IHL; and the challenge of one’s Vorverständnis to historical research.

scholarly journals Sentenced “For ideological and political reasons”? The rehabilitation of Dragoljub “Draza” Mihailovic in Serbia

Sociologija ◽  
2012 ◽  
Vol 54 (4) ◽  
pp. 625-648
Author(s):  
Tomislav Dulic
Keyword(s):  
Due Process ◽  
Historical Analysis ◽  
War Crimes ◽  
International Standards ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Principles ◽  
The Past ◽  
War Criminals ◽  
Over Time

The author analyses the current process pertaining to the legal rehabilitation of Dragoljub ?Draza? Mihailovic, the leader of the Yugoslav Army in the Fatherland, by first placing the process in relation to European-wide trends of coming to terms with the past. He then moves to a discussion of the Serbian law on rehabilitation, where he points to a number of contradictions and inconsistencies, particularly with regard to the issue of whether war criminals can be rehabilitated. The author then turns to a historical analysis of Mihailovic?s wartime activities, with particular emphasis on the issues of treason and war crimes. It is the author?s main argument that Mihailovic became embroiled in various forms of collusion with the enemy, although these varied considerably over time. More importantly, however, Mihailovic violated a number of legal principles of international humanitarian law, which means that he would have been sentenced today by any court applying the highest international standards of due process. While this would make him ineligible for rehabilitation according to recent political statements and the law of 2011, complications might arise due to the fact that Mihailovic?s case will be heard in accordance with a previous law from 2006.

Justifying Torture: Explaining Democratic States’ Noncompliance With International Humanitarian Law

2007 ◽  
Vol 14 (1) ◽  
pp. 51-95
Author(s):  
Emily Kanstroom
Keyword(s):  
United States ◽  
Undergraduate Student ◽  
The United States ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Student Research ◽  
Research Project ◽  
Liberal Democratic ◽  
Relationship Of ◽  
The Relationship

This article presents an undergraduate student research project about the relationship of liberal democratic countries to international humanitarian law legislation through a comparison between the United States and France conducted in Paris, France.

International Humanitarian Law

2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

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.

Komunikasi Dakwah Rasulullah : Telaah Surat–surat Rasulullah

2019 ◽  
Vol 5 (1) ◽  
pp. 1-14
Author(s):  
Fauziah Ramdani
Keyword(s):  
Historical Research ◽  
Historical Approach ◽  
The Earth ◽  
Crisis Of Faith ◽  
Prophetic Mission

This study aimed to describe the background of letter’s used as a medium for da'wah by the Prophet Muhammad and the form of the Prophet Muhammad’s letters for da'wah conveyed to some rulers. To achieve this, the method employed was historical research. This type of research was qualitative using historical approach while the research specification was descriptive. The result shows that there were several reasons behind the sending of letters as a medium for da’wah by Prophet Muhammad to the rulers. First, sociologically it was due to the treaty of Hudaibiyah, then the successfulness of Prophet Muhammad in establishing people power in Medina, and the conflict between Emperor Heraclius and Khosrow Abrawiz, two rulers of two empires (those were Eastern Rome and Persian) which were the most powerful kingdoms in the earth. Second, politically, the letter of Prophet Muhammad had political nuance, that was to declare himself being the ruler of Medina. Third, theologically, it was the universality of Muhammad’s prophetic mission as the leader of the mankind, and the crisis of faith experienced by Negus (Ruler of Abyssinia) and Muqawqis (Ruler of Egypt). To sum up, the form of Prophet’ letters sent to the rulers were awesome, it is proven that the letters of the Prophet which were written by his secretary Zaid son of Thabit were always preceded with Basmalah, while the letters were addressed to disbelieving people. This study has implication on research or study on the importance of letter as a medium for da’wah of the Prophet which can possibly be a method of initiating and or developing da’wah in the present time.

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