Part Two Rights, 7 The Rights of Victims and Transitional Justice

2017 ◽  
Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Internal Armed Conflict ◽  
The Government ◽  
Sentence Reductions

Because of the scope and duration of Colombia’s internal armed conflict, that conflict has produced much suffering in the civilian population. This chapter focuses on the Court’s jurisprudence protecting the rights of victims, especially of the internal armed conflict. In this area, the incorporation of international law has been particularly important. Drawing on this jurisprudence, the Court has insisted that victims be given rights to truth, justice, and reparations. The contours of this right have proven particularly important in processes in which the government has sought to give amnesties or sentence reductions in return for participation in the peace process by illegal armed groups, first with paramilitaries and now with guerrilla groups. In reviewing these frameworks, the Court has sought to create criteria that are flexible while retaining the core restrictions of international human rights law and international humanitarian law.

The use of nuclear weapons and human rights

2015 ◽  
Vol 97 (899) ◽  
pp. 663-680
Author(s):  
Stuart Casey-Maslen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Nuclear Weapons ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Healthy Environment ◽  
The Right

AbstractInternational human rights law is an as-yet underused branch of international law when assessing the legality of nuclear weapons and advocating for their elimination. It offers a far greater range of implementation mechanisms than does international humanitarian law (IHL), and arguably strengthens the protections afforded to civilians and combatants under IHL, particularly in non-international armed conflict. Of particular relevance are the rights to life, to humane treatment, to health and to a healthy environment, associated with the right to a remedy for violations of any human rights.

National security and the right to liberty in armed conflict: The legality and limits of security detention in international humanitarian law

2016 ◽  
Vol 98 (903) ◽  
pp. 961-993
Author(s):  
Zelalem Mogessie Teferra
Keyword(s):  
National Security ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Periodic Review ◽  
Human Rights Law ◽  
Conflict Situations ◽  
The Right

AbstractThis paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian law and international human rights law. These safeguards affirm that the search for absolute security is neither desirable nor attainable and that the mere invocation of security concerns does not grant an absolute power to restrict or suspend the liberty of individuals in armed conflict situations. Whenever it is imposed, security detention should be preventive in nature, and must aim at safeguarding the basic national security interests of a State from serious, future, direct and imminent threats related to the armed conflict situation. Detainees should also be able to challenge its legality before a competent organ at the initial or later stage of the detention through a system of periodic review.

scholarly journals A legal obligation under international law to guarantee access to abortion services in contexts of armed conflict? An analysis of the case of Colombia

2021 ◽  
pp. 1-24
Author(s):  
Juliana Laguna Trujillo
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Health And Human Rights ◽  
International Obligation ◽  
Women And Girls

Abstract This article discusses the existence of an international obligation for the State of Colombia to guarantee access to abortion services for women and girls who are victims of conflict-related sexual violence in the context of the Colombian armed conflict. By examining international humanitarian law rules from an international human rights law lens, it sets out the interdependence between both frameworks from reproductive health and human rights perspectives. Furthermore, the article provides considerations on the recognition and redress of these violations in the transitional justice scenario in Colombia.

To Serve the Enemy

2019 ◽  
Author(s):  
Shane Darcy
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Potential Role ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Rules And Principles

The use of informers and other collaborators by parties to an armed conflict is a common yet often concealed practice in times of war. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use, and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. While international law recognises the widespread and enduring phenomenon of individuals cooperating with an opposing side during an armed conflict, it treats it with some ambivalence. The lawfulness of resort to the practice is generally accepted in principle, yet international law seeks to place certain limits, including restrictions on the methods employed in the recruitment, use, and treatment of informers and other collaborators during armed conflict. This book examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. The author focuses primarily on international humanitarian law as applicable to various forms of collaboration but also provides an assessment of the potential role of international human rights law. The book examines the law and practice concerning the phenomenon of collaboration during both international and non-international armed conflicts.

scholarly journals Freedom from Nuclear Weapons? IHRL And IHL Perspective vs the State-Centred Approach

2020 ◽  
pp. 137-153
Author(s):  
Julia Kapelańska-Pręgowska
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Advisory Opinion ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law

23 years after the ICJ’s Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, a general treaty prohibiting the use of nuclear weapons has been adopted. It may be anticipated that the TPNW will probably not enter into force very soon, and when it does, it will neither be universally accepted, nor will it significantly influence thepractice of the nuclear weapon States. It is therefore justified to analyse the problem under consideration, not from a State-oriented perspective, but from a human and environmentally centred one. The article argues not only that any use of nuclear weapons would be contrary to the rules of international law applicable in armed conflict, in particular the principles and rules of international humanitarian law, but it would also violate international human rights law. The article further dwells upon the customary international law aspects of the problem under consideration.

scholarly journals International Humanitarian Law of Armed Conflict: A Critical Annotated Bibliography for Collection Development

2012 ◽  
Vol 40 (3) ◽  
pp. 393-416 ◽  
Author(s):  
Madeline E. Cohen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Annotated Bibliography ◽  
International Humanitarian Law ◽  
Collection Development ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict

This annotated bibliography is compiled as a collection development guide for academic librarians and specialists in international law. The topic of International Humanitarian Law of Armed Conflict concerns the treatment of combatants and noncombatants in wartime, while the topic of International Human Rights Law has traditionally been concerned with the treatment of individuals by states in peacetime. During the period from the end of the twentieth century to the present, the boundaries between international humanitarian law and human rights law have become increasingly blurred. Therefore, this article concentrates on core sources inbothbranches of international law in these key areas of overlap: conflicts between states; internal conflicts; insurgencies.

scholarly journals OSAMA BIN LADEN: A WAR WAGED WITHIN THE GAPS IN INTERNATIONAL LAW

2011 ◽  
Author(s):  
Reuben Cronjé ◽  
Sarah McGibbon
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Osama Bin Laden ◽  
Definition Of

The recent demise of arch-terrorist Osama bin Laden at the hands of United States (US) Navy Seals has given rise to furious debate as to the legality thereof. The broadest question to ask is whether bin Laden’s killing can be justified in terms of international law. Indeed, it is not even clear which legal paradigm should be utilised to answer this conundrum. In this article it will be shown that the American term, ‘war on terror’, does not fit neatly into the definition of either an international or non-international armed conflict and is therefore not comfortably governed by the rules of either. The concept of selfdefence, desperately needing clarification, will then be proposed as something which operates outside these two paradigms. The aforementioned discussions will lead to an analysis of whether the correct over-arching legal system to apply is international humanitarian law (the law of war) or international human rights law; or whether these two can legitimately operate concurrently. Finally, some brief thoughts will be added regarding the legality of the actual killing of bin Laden.

scholarly journals Liar's war: Protecting civilians from disinformation during armed conflict

2021 ◽  
pp. 1-24
Author(s):  
Eian Katz
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Human Needs ◽  
Traditional Classification

Abstract Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.

scholarly journals Humanity and Human Rights: The Contours of International Law

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Eyassu Gayim
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law Of Nations ◽  
International Human

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.

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