The Legal Personality of Individuals in International Humanitarian Law

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
Armed Conflict ◽  
Second World War ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
World War ◽  
Legal Personality ◽  
International Legal Personality ◽  
The Impact ◽  
Second World

Chapter 5 first assesses the extent to which the law of international armed conflict engages individuals directly and the impact of the different conceptions of international legal personality on the formation and application of the relevant treaty norms. Sections 5.1 and 5.2 study both provisions that do regulate the conduct of individuals directly, and provisions where such direct regulation was discussed but ultimately discarded in favour of an inter-State model. Turning to non-international armed conflict, Section 5.3 outlines the development of the doctrine of ‘recognition of belligerency’ between the late eighteenth century and the Second World War. Subsequently, Section 5.4 examines the role of the concept of international legal personality in the post-Second World War formation of treaty norms governing non-international armed conflicts. The chapter ends with a discussion of the diverging jurisprudential explanations in the current academic debate for the bindingness of international law on armed opposition groups.

scholarly journals Specifics of the International Political Position of the Commonwealth of Australia in the first half of the ХХ-th century

2021 ◽  
pp. 133-149
Author(s):  
I. Vietrynskyi
Keyword(s):  
British Empire ◽  
First World War ◽  
Second World War ◽  
World War ◽  
Political Situation ◽  
The First World War ◽  
The Impact ◽  
Second World ◽  
First World

The paper focuses on the initial stage of the formation of the Commonwealth of Australia, and the process of its establishing as an independent State. The international political context for the development of the country, from the period of creation of the Federation to the beginning of the Second World War, is primarily viewed. The Commonwealth’s international position, its place and role in the regional and global geopolitical processes of the early XX century, in particular in the context of its relations with Great Britain, are analyzed. The features of the transformation of British colonial policies on the eve of the First World War are examined. The specifics of the UK system of relations with Australia, as well as other dominions, are being examined. The features of status of the dominions in the British Empire system are shown. The role of the dominions and, in particular, the Commonwealth of Australia in the preparatory process for the First World War, as well as the peculiarities of its participation in hostilities, is analyzed. The significance of the actions of the First World War on the domestic political situation in Australia, as well as its impact on dominions relations with the British Empire, is revealed. The history of the foundation of the Australian-New Zealand Army Corps (ANZAC) and its participation in imperial forces on the frontline of the First World War is analyzed. The success and failure of its fighters, as well as the role of ANZAC, in the process of formation an Australian political nation are analyzed. The economic, humanitarian and international political consequences of the First World War for the Commonwealth of Australia are examined, as well as the influence of these consequences on the structure of relations between the dominions and the British Empire. The socio-economic situation of the Commonwealth of Australia on the eve of World War II, in particular the impact of the Great depression on the development of the country as a whole and its internal political situation in particular, is analyzed. The ideological, military-strategic and international political prerequisites for Australia’s entry into the Second World War are being considered.

scholarly journals THE INTERNATIONAL HUMANITARIAN LAW APPLICABLE IN THE NEW TYPES OF ARMED CONFLICTS

2014 ◽  
Vol 8 (4) ◽  
pp. 184-193
Author(s):  
Nicolae David Ungureanu
Keyword(s):  
Second World War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Modern Period ◽  
Second World

The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.

International criminal jurisdiction, international humanitarian law and humanitarian action

1997 ◽  
Vol 37 (321) ◽  
pp. 623-634
Author(s):  
Jacques Stroun
Keyword(s):  
Second World War ◽  
Fundamental Rights ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Humanitarian Action ◽  
Geneva Conventions ◽  
The Individual ◽  
Second World

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.

The urgent need to apply the rules of humanitarian law to so-called internal armed conflicts

1961 ◽  
Vol 1 (5) ◽  
pp. 250-257
Author(s):  
Boško Jakovljevlć ◽  
Jovica Patrnogić
Keyword(s):  
Second World War ◽  
Armed Conflicts ◽  
Red Cross ◽  
Humanitarian Law ◽  
World War ◽  
Geneva Conventions ◽  
International Conventions ◽  
Second World ◽  
General Condemnation ◽  
Great Victory

The 12th of August 1949 is without doubt one of the most important dates in humanitarian law and in the development of the idea of the protection of man. It was then that four new Conventions were adopted in Geneva relative to the protection of victims of armed conflicts. In so far as they express general condemnation of war crimes committed during the Second World War, as well as the determination to prevent their recurrence in any possible sort of future conflict, the Geneva Conventions must be regarded as a bastion for the protection of all victims of armed conflict as well as a serious warning to all those who might be disposed to make a misuse of force or violate humanitarian principles. This great victory of the humanitarian spirit and of the principles which it inspires, by virtue of which one should not only avoid inflicting suffering on those who are deprived of protection or on non-combatants, but one should also accord them assistance and care for them if necessary, is due to a large extent to the Red Cross. The forces of progress have given their support to this idea and have made possible its realization within the framework of the International Conventions of the Red Cross. The new Geneva Conventions, which in the evolution of humanitarian law at present represent a decisive phase in a given sector, constitute an extremely solid and complete legal code which has been meticulously drawn up and which is both logical and coherent.

The Sea and the Second World War

2019 ◽  
Keyword(s):  
Raw Materials ◽  
Geographical Area ◽  
Second World War ◽  
World War ◽  
Regional Conflicts ◽  
Global War ◽  
The Impact ◽  
Second World ◽  
Operational Aspects

From the first moments of the German invasion of Poland on 1 September 1939 through to the Japanese surrender on 2 September 1945, the sea shaped the course and conduct of the war. The impact could be felt far beyond the shoreline as the arms and armies carried across the oceans were ultimately destined to wage war ashore. Populations and industries depended on the raw materials and supplies in a war that increasingly became a contest of national will and economic might. It was ultimately the war at sea, and from the sea, that linked numerous regional conflicts and theaters of operation and wove them into a global war. Although individual campaigns, innovations, and personalities have received ample attention over the decades, the role of the sea as a whole has increasingly been marginalized in the wartime historiography. As the war grew in complexity and covered an increasingly larger geographical area, the organization of the maritime effort and the impact it had on the formulation of national strategy also evolved. This volume seeks to illustrate the impact the sea had on the Second World War by highlighting selected topics previously neglected in the scholarship. In doing so, it provides new insights into political, strategic, administrative, and operational aspects of the maritime dimension of the war.

scholarly journals Prevention of Armed Conflict in Europe: Comparing the Role of the EU and the US/NATO

2019 ◽  
Author(s):  
Noah Carl
Keyword(s):  
Armed Conflict ◽  
Second World War ◽  
The Other ◽  
European Security ◽  
World War ◽  
The Us ◽  
Second World ◽  
Peace In Europe ◽  
The Eu

The period of relative peace in Europe since the end of the Second World War has been variously described as the ‘Pax Europaea’ and the ‘Pax Americana’. These descriptions reflect two major theories purporting to account for the relative absence of armed conflict during this period: one emphasising the pacifying impact of the EU, and the other emphasising the pacifying impact of the US/NATO. The present paper attempts to evaluate these theories by comparing the role of the EU and the US/NATO in several domains of armed conflict in Europe. It focuses on the mechanisms through which the two organisations have affected the risk and scale of armed conflict within each domain. Although both the EU and the US/NATO have contributed to the relative peace in Europe since the end of the Second World War, there is at least one domain in which each of the organisations has either exacerbated or failed to prevent armed conflict. Understanding the limitations of the two organisations, as well as their strengths, will be important for bolstering European security as the continent faces new geopolitical challenges.

The Nonviolent Struggle for Indian Freedom, 1905-19

2018 ◽  
Author(s):  
David Hardiman
Keyword(s):  
English Language ◽  
Second World War ◽  
World War ◽  
Passive Resistance ◽  
Civil Resistance ◽  
Political Concept ◽  
History Of ◽  
Second World ◽  
Moral Stance

Much of the recent surge in writing about the practice of nonviolent forms of resistance has focused on movements that occurred after the end of the Second World War, many of which have been extremely successful. Although the fact that such a method of civil resistance was developed in its modern form by Indians is acknowledged in this writing, there has not until now been an authoritative history of the role of Indians in the evolution of the phenomenon.The book argues that while nonviolence is associated above all with the towering figure of Mahatma Gandhi, 'passive resistance' was already being practiced as a form of civil protest by nationalists in British-ruled India, though there was no principled commitment to nonviolence as such. The emphasis was on efficacy, rather than the ethics of such protest. It was Gandhi, first in South Africa and then in India, who evolved a technique that he called 'satyagraha'. He envisaged this as primarily a moral stance, though it had a highly practical impact. From 1915 onwards, he sought to root his practice in terms of the concept of ahimsa, a Sanskrit term that he translated as ‘nonviolence’. His endeavors saw 'nonviolence' forged as both a new word in the English language, and as a new political concept. This book conveys in vivid detail exactly what such nonviolence entailed, and the formidable difficulties that the pioneers of such resistance encountered in the years 1905-19.

Implications

2017 ◽  
Author(s):  
Mark Edele
Keyword(s):  
Soviet Union ◽  
Second World War ◽  
Soviet Regime ◽  
World War ◽  
Ongoing Debate ◽  
Middle Position ◽  
The Soviet Union ◽  
War Effort ◽  
Second World

This chapter turns to the present and explains the implications of the current study for the ongoing debate about the Soviet Union in the Second World War and in particular about the role of loyalty and disloyalty in the Soviet war effort. It argues that this study strengthens those who argue for a middle position: the majority of Soviet citizens were neither unquestioningly loyal to the Stalinist regime nor convinced resisters. The majority, instead, saw their interests as distinct from both the German and the Soviet regime. Nevertheless, ideology remains important if we want to understand why in the Soviet Union more resisted or collaborated than elsewhere in Europe and Asia.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

The identification of medical aircraft in periods of armed conflict

1982 ◽  
Vol 22 (229) ◽  
pp. 202-215 ◽  
Author(s):  
Philippe Eberlin
Keyword(s):  
Armed Conflict ◽  
Second World War ◽  
World War ◽  
Geneva Conventions ◽  
Technological Developments ◽  
Second World ◽  
Visual Range

Since the end of the Second World War, technological developments in armaments have produced increasingly sophisticated weapons. The most dangerous of these for air transports protected by the Geneva Conventions of 12 August 1949 are remote controlled missiles equipped with homing devices, the operating raduis of which exceeds the visual range of the protective emblems recognized by these Conventions and carried by medical aircraft. The visual range of the emblem is frequently much less than 1,000 metres.

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