The Moral Norm, the Law, and the Limits of Protection for Wartime Medical Units

2021 ◽  
pp. 58-85
Author(s):  
Neve Gordon
Keyword(s):  
Human Rights ◽  
Health Professionals ◽  
Health Facilities ◽  
Moral Norm ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Humanitarian Organizations ◽  
Legal Advocacy ◽  
The Law

Based on ninety-nine interviews carried out with health professionals, this chapter briefly describes how the Syrian government transformed medical units into strategic targets. It then turns to discuss the legal advocacy strategy used by human rights and humanitarian organizations, claiming that while the law provides medical units with a series of protections, it also introduces crucial exceptions, setting out conditions under which warring parties can legally unleash violence against health facilities and staff. Even as accountability for the violation of international humanitarian law has been the primary rallying cry for NGOs seeking justice in Syria, the chapter argues that invoking the law to seek relief from violence is not necessarily the best strategy since the law itself sows doubt on the validity and solidity of the moral injunction to protect medical units.

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.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

The interrelation of the law of occupation and economic, social and cultural rights: the examples of food, health and property

2008 ◽  
Vol 90 (871) ◽  
pp. 629-651 ◽  
Author(s):  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Regime ◽  
Cultural Rights ◽  
Standards Of Living ◽  
The Hague ◽  
The Law

AbstractThe current legal regime relative to occupation is no longer based solely on the contributions made by customary law and treaty-based law as set forth in the law of The Hague and the law of Geneva. It has undergone a thorough change with the progressive recognition of the applicability of human rights law to the situations which it governs, and their complementarity has been highlighted on several occasions. The question of the interrelation of international humanitarian law and human rights is not resolved merely by analysing their respective areas of application. The author examines the issue at the level of their individual rules. He considers whether the rules of international humanitarian law are confirmed, complemented, relativized or even contradicted by those deriving from human rights. The analysis focuses more particularly on the interrelation of the law of occupation and economic, social and cultural rights by concentrating on the promotion of adequate standards of living (right to food, right to health) and respect for property.

scholarly journals International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

2018 ◽  
Vol 6 (1) ◽  
pp. 44-58
Author(s):  
Sardar M. A. Waqar Khan Arif
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

International Organizations and the Fight for Accountability

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Progressive Development ◽  
The Law

This book is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which, according to the International Law Commission’s Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The book explores why this is. It considers how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and, particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the law and the limitations of existing redress mechanisms. The book analyses the cogency of the arguments and rationales that have been used by international organizations to limit their liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the book is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the book explores how to move towards a model that achieves greater compliance.

14 Human Rights in Armed Conflict

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
The State ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Relationship ◽  
The Law ◽  
The Individual

This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.

Born in the twilight zone: Birth registration in insurgent areas

2019 ◽  
Vol 101 (911) ◽  
pp. 507-536 ◽  
Author(s):  
Kathryn Hampton
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Twilight Zone ◽  
Birth Registration ◽  
Humanitarian Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

AbstractInsurgent groups are registering births in territories which they control, and yet States do not recognize insurgent birth registration, resulting in a legal vacuum with harsh consequences for children. Based on international human rights and humanitarian law provisions related to birth registration, this article argues that insurgent groups have an inherent power to register births in order to fulfil their obligations under international humanitarian law, and that State obligation to ensure the right to recognition as a person under the law should require States to recognize insurgent birth registration in order to prevent harm to children.

The right to life in armed conflict: does international humanitarian law provide all the answers?

2006 ◽  
Vol 88 (864) ◽  
pp. 881-904 ◽  
Author(s):  
Louise Doswald-Beck
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
The Law ◽  
The Right

AbstractThis article describes the relevant interpretation of the right to life by human rights treaty bodies and analyses how this might influence the law relating to the use of force in armed conflicts and occupations where international humanitarian law is unclear. The concurrent applicability of international humanitarian law and human rights law to hostilities in armed conflict does not mean that the right to life must, in all situations, be interpreted in accordance with the provisions of international humanitarian law. The author submits that the human rights law relating to the right to life is suitable to supplement the rules of international humanitarian law relating to the use of force for non-international conflicts and occupation, as well as the law relating to civilians taking a “direct part in hostilities”. Finally, by making reference to the traditional prohibition of assassination, the author concludes that the application of human rights law in these situations would not undermine the spirit of international humanitarian law.

scholarly journals KONSEKUENSI NEGARA INDONESIA MENJADI ANGGOTA ICC (STUDI TENTANG MEKANISME PENEGAKAN HUKUM HUMANITER INTERNASIONAL)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Isplancius Ismail
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Ad Hoc ◽  
Secondary Data ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Procedural Law ◽  
War Criminals ◽  
The Law

International Humanitarian Law (IHL) is a set of rules which is based on the 1949 Geneva Law and Hague Law in 1907 and equipped with Additional Protocols I and II of 1977. IHL seeks to provide protection to the victims of war and civilians in armed conflict (law of Geneva 1949) and what methods and tools that may be used in war (Hague Law 1907). The parties involved in armed conflict must respect the principles of limitation, proportionality and distinction. Violations of international humanitarian law called war criminals must be prosecuted as crimes against human rights. Enforcement of international humanitarian law carried out through the mechanism according to the 1949 Geneva Law, by temporary or ad hoc Court, and by the International Criminal Court (ICC). The method used in this research is normative qualitative approach by taking secondary data as a source of information. The results indicate that the consequences of Indonesia as a state to be a member of ICC are having the synergy process national law with Rome Statute covering criminal law, criminal procedural law, extradition, human rights court and the law of human rights itself. The final goals of the synergy are to make Rome Statuta as a follow up system of national judicial, to avoid conflict between ICC and the law of Indonesia, and to make internal law procedure for Indonesia when ICC jurisdiction is active in Indonesia Key words:  humanitarian law, war criminal, court jurisdiction

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