scholarly journals Editorial: The Relationship between International Humanitarian Law and General International Law

2018 ◽  
Vol 23 (3) ◽  
pp. 323-335
Author(s):  
Lawrence Hill-Cawthorne ◽  
Kubo Mačák
Keyword(s):  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Relationship

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.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

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.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

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.

States' entitlement to take action to enforce international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 177-195 ◽  
Author(s):  
Kamen Sachariew
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Human Life ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Lasting Peace ◽  
The Relationship ◽  
Ultimate Purpose

The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.

scholarly journals Condemning or Condoning the Perpetrators? International Humanitarian Law and Attitudes Toward Wartime Violence

2019 ◽  
Vol 44 (1) ◽  
pp. 192-226 ◽  
Author(s):  
Geoffrey P. R. Wallace
Keyword(s):  
International Law ◽  
Value Systems ◽  
International Humanitarian Law ◽  
Moral Foundations ◽  
Humanitarian Law ◽  
Legal Principles ◽  
Post Conflict ◽  
The Relationship ◽  
Difficult Situations ◽  
Cross National

What are the implications of international law for attitudes toward wartime violence? Existing research offers contrasting views on the ability of international legal principles to shape individual preferences, especially in difficult situations involving armed conflict. Employing cross-national survey evidence from several conflict and post-conflict countries, this article contributes to this debate by evaluating the relationship between individuals’ knowledge of the laws of war and attitudes toward wartime conduct. Findings show that exposure to international law is associated with a significant reduction in support for wartime abuses, though the results are stronger for prisoner treatment than for targeting civilians. Analysis further reveals that legal principles generate different expectations of conduct than alternative value systems that are rooted in strong moral foundations regarding the impermissibility of wartime abuses. The findings are relevant for understanding the relationship between international law and domestic actors, and how legal principles relate to the resort to violence.

scholarly journals The meaning of Moscow: “Non-lethal” weapons and international law in the early 21st century

2005 ◽  
Vol 87 (859) ◽  
pp. 525-552 ◽  
Author(s):  
David P. Fidler
Keyword(s):  
International Law ◽  
21St Century ◽  
Terrorist Attack ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Early 21St Century ◽  
The Past ◽  
History Of ◽  
The Relationship ◽  
The Early 21St Century

AbstractAt the intersection of new weapon technologies and international humanitarian law, so-called “non-lethal” weapons have become an area of particular interest. This article analyses the relationship between “non-lethal” weapons and international law in the early 21st century by focusing on the most seminal incident to date in the short history of the “non-lethal” weapons debate, the use of an incapacitating chemical to end a terrorist attack on a Moscow theatre in October 2002. This tragic incident has shown that rapid technological change will continue to stress international law on the development and use of weaponry but in ways more politically charged, legally complicated and ethically challenging than the application of international humanitarian law in the past.

Thoughts on the relationship between International Humanitarian Law and Refugee Law, their promotion and dissemination

1988 ◽  
Vol 28 (265) ◽  
pp. 367-378
Author(s):  
Jovića Patrnogic
Keyword(s):  
Human Rights ◽  
International Law ◽  
20Th Century ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Refugee Law ◽  
The Relationship

From the beginning of the 20th century up to the present, international law has been marked by a profound evolution: it has been progressively humanized. Those responsible for drafting international law have clearly understood that it could no longer disregard the fate of human beings and leave to States and their internal laws the protection of fundamental human rights, both in peacetime and during armed conflicts.

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.

14. The law of armed conflict

2021 ◽  
pp. 273-295
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

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.

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.

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