Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

International law in Israeli Courts

2019 ◽  
pp. 518-536 ◽  
Author(s):  
Amichai Cohen
Keyword(s):  
International Law ◽  
Historical Development ◽  
Armed Conflicts ◽  
Human Rights Law ◽  
International Treaties ◽  
International Treaty ◽  
Customary International Law ◽  
Recent Developments ◽  
The Law

This chapter describes the role of international law in Israeli courts. It traces the influence of the occupation of the territories on the development of Israeli jurisprudence in this area, and focuses on the contexts in which most of the judgments regarding the application of international law in Israeli law were written: the international law of occupation, the law of armed conflicts, and human rights law. As the chapter notes, there is a difference between the formal declared doctrine of the court, and the way in which international law was applied in practice. The formal doctrine of the court follows the U.K. dualist tradition, according to which customary international law is considered part of Israeli law, and international treaty law is not, unless incorporated by an express domestic statute. In practice, however, the courts relied on international treaties, especially in the area of the law of occupation, and the law of armed conflicts. Furthermore, the chapter details the approach of the Israeli courts toward interpretation of international law, and especially with regard to the attempts to create a “fusion” between international law and Israeli constitutional law. The chapter also contributes to existing scholarship by sketching the historical development of Israeli courts’ jurisprudence in the application of international law, including recent developments.

Part VI Avoiding or Exiting Treaty Commitments, 24 Reacting against Treaty Breaches

2020 ◽  
Author(s):  
Simma Bruno ◽  
Tams Christian J
Keyword(s):  
International Law ◽  
International Organizations ◽  
Final Section ◽  
State Responsibility ◽  
International Regime ◽  
State Behaviour ◽  
The Law ◽  
State Relations ◽  
Inter State

This chapter considers whether international law provides means and methods to respond to alleged treaty breaches. It does so in four steps. First, it provides an overview of the international regime governing reactions against treaty breaches. The next two sections analyse the two most relevant generally available means of response under the law of treaties and the law of State responsibility, respectively. The final section offers some concluding observations. In addressing questions of treaty breaches and responses, the chapter focuses on rules of international law regulating inter-State behaviour. Notwithstanding this restriction, it seems clear that treaty breaches can be committed by and against different (non-State) subjects of international law, notably by and against international organizations. While these raise some special problems, they are in principle subject to the rules developed to govern inter-State relations.

1. The history and nature of international law

2019 ◽  
pp. 3-30
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Daily Lives ◽  
Public International Law ◽  
The Law ◽  
State Relations ◽  
Inter State

This introductory chapter provides an overview of the history and nature of international law. Rather than regulating the behaviour of individuals in their relations with one another, international law is usually portrayed as a legal framework to govern the relations between ‘States’, the organized political entities which are the primary subjects of international law. ‘Public international law’ is to be distinguished from ‘private international law’, which describes the principles that determine the applicability of a certain law or set of laws to situations involving individuals with a foreign or transboundary element. Indeed, private international law regulates the conflicts between rules of different domestic legal orders, while public international law concerns relations between States. Today, public international law has exceeded its foundations as the law of inter-State relations and operates as an integral part of the daily lives of individuals.

The regulation of non-international armed conflicts: Can a privilege of belligerency be envisioned in the law of non-international armed conflicts?

2014 ◽  
Vol 96 (893) ◽  
pp. 29-66 ◽  
Author(s):  
Claus Kreβ ◽  
Frédéric Mégret
Keyword(s):  
Civil War ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Jus In Bello ◽  
The Creation ◽  
State Actors ◽  
The Law

The Debate section of the Review aims to contribute to reflection on contemporary questions of humanitarian law, policy or action. In this issue of the Review, we invited two experts in international humanitarian law (IHL) – Claus Kreβ and Frédéric Mégret – to debate on how IHL applicable in non-international armed conflict (NIAC) should develop. In the two pieces that follow, Professor Kreβ submits for debate a new norm of international law outlawing NIACs – a jus contra bellum internum – with a corresponding set of rules applicable in NIACs – a jus in bello interno. The jus in bello interno would give the “privilege of belligerency” – akin to combatants' privilege in international armed conflicts – to non-State actors in NIACs, providing an incentive for them to comply with these new rules of civil war. Frédéric Mégret critically examines the proposed privilege of belligerency, pointing out its problematic aspects and positing that the creation of such a privilege is, in fact, not desirable.

scholarly journals Peace Agreements as International Legal Acts Protecting National Minorities: The Scope Ratione Personae

2021 ◽  
Vol 26 (5) ◽  
pp. 75-89
Author(s):  
Vita Czepek ◽  
Elżbieta Karska
Keyword(s):  
International Law ◽  
International Agreements ◽  
Armed Conflicts ◽  
Vienna Convention ◽  
National Minorities ◽  
Peace Agreements ◽  
State Actors ◽  
The Law ◽  
Rules Set ◽  
Peace Treaties

Abstract The issue of the protection of national minorities is regulated by acts of international law, frequently arising from international agreements that have been concluded to end armed conflicts or to regulate directly their consequences. Peace treaties concluded between states are governed by the rules set out in the Vienna Convention on the Law of Treaties. More and more peace agreements are, however, concluded by non-state actors. As indicated in Article 3 of the Convention, it cannot be excluded that these too would be international agreements, having effects in the sphere of international law. Such acts are concluded, inter alia, by insurgents or belligerents. In some cases, agreements ending non-international armed conflicts are concluded by domestic entities that are not subjects of international law. Such acts may reflect solutions that have been adopted as standards in international practice and in the provisions of international law. These do not necessarily have to be legally binding standards. They can also be framework solutions, including measures relating to the protection of national minorities, which are formulated and offered as proposals for specific regulations.

The Historical Development of the Application of Humanitarian Law in Non-International Armed Conflicts to 1949

1998 ◽  
Vol 47 (2) ◽  
pp. 337-361 ◽  
Author(s):  
Lindsay Moir
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Historical Development ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Similar Magnitude ◽  
International Conflicts ◽  
International Regulation ◽  
Internal Armed Conflicts

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.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

NATO's Intervention in the Federal Republic of Yugoslavia

2000 ◽  
Vol 13 (1) ◽  
pp. 193-205 ◽  
Author(s):  
Eric Suy
Keyword(s):  
Federal Republic ◽  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Armed Force ◽  
The Core ◽  
Legal Arguments ◽  
The Government ◽  
State Relations ◽  
Inter State

At the outset of the conflict over Kosovo, the use of armed force by NATO member states has been justified to force the Government of the Federal Republic of Yugoslavia to accept and sign the Rambouillet agreement. Later on, the use of force was justified in order to prevent a major humanitarian catastrophe. But examination of the relevant Security Council resolutions and of the circumstances surrounding the Rambouillet negotiations shed a totally different light on the legal arguments advanced by proponents of NATO's intervention. Modern international law on the use of force by states, as enshrined in the UN Charter, is still at the core of inter-state relations.

The Law against War or Jus contra Bellum: A New Terminology for a Conservative View on the Use of Force?

2011 ◽  
Vol 24 (3) ◽  
pp. 747-788 ◽  
Author(s):  
RAPHAËL VAN STEENBERGHE
Keyword(s):  
International Law ◽  
Use Of Force ◽  
French Studies ◽  
Conservative View ◽  
English Speaking ◽  
The Subject ◽  
The Law ◽  
Inter State

Inter-state use of force has always attracted much attention from international legal scholars. Many articles have been written on the subject. However, there are still a limited number of books addressing all the aspects of the contemporary prohibition on the use of force in a systematic way. Those written by Yoram Dinstein, Christine Gray, and Thomas Franck are certainly the best known in the English-speaking literature. This literature is now enriched following the publication of a new book entitled The Law against War by Olivier Corten. It is a translated and updated version of a book published in French and entitled Le droit contre la guerre, which explains why it has been published in the French Studies in International Law collection of Hart Publishing.

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