“The Rights and Obligations of Parties to International Armed Conflicts”

2018 ◽  
Author(s):  
Janina Dill
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Rule Of Law ◽  
Community Interest ◽  
The Individual

This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and substantive dimensions. A move away from formal and procedural bilateralism is always a move towards community interest because it furthers the rule of law. In contrast, a move away from formal/procedural bilateralism does not guarantee a better protection of the community’s substantive interests. International humanitarian law is a trailblazer of procedural and formal progress, yet a slacker in the substantive move toward what is commonly taken to be community interest: protecting the individual. The chapter further shows that alongside protecting the individual, the international community has a second competing substantive interest in the regulation of warfare: preserving military efficacy. International humanitarian law’s development highlights that progress in international law is more complex than the phrase “from bilateralism to community interest” suggests .

scholarly journals International Administration of Territories and the Dilemma of Accountability

2017 ◽  
Vol 14 (1) ◽  
pp. 147
Author(s):  
Mohammad Yacoub ◽  
Mohamed Shawki ◽  
Mohe eldin Kasem ◽  
Abdeen Abd Elhamid
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
East Timor ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Right ◽  
The Rule Of Law ◽  
International Body ◽  
Legal Restrictions ◽  
The Cold War

Two decades post the Cold-War; the World has witnessed a systematic revival of a practice long thought to be extinct- territory administration via an international body to act as a government for running the state/territory. The most prominent examples were the United Mission in Kosovo (UNMIK) and the United Nations Transitional Administration in East Timor (UNTAET).Various criticisms were directed to the International Administrations of Territories; the most prominent was mandating this Administration Authority complete power in running the Legislative, Executive and Judiciary authorities where its decisions are not being subject to monitoring or accountability. Yet, such decisions were mostly in violation of the International law which undermined the core principles of democratic governments, the rule of law and human rights as being the corner stones of International peace and security.This study aims at analyzing the legitimacy of forming international administrations as well as scrutinizing the legal restrictions and commitments thereof. The ramifications of any violations of such restrictions and commitments (The International Human Right Law and The International Humanitarian Law) should be holding these administrations and its members accountable internationally.

Protecting Civilians during the Fight against Transnational Terrorism: Applying International Humanitarian Law to Transnational Armed Conflicts

2009 ◽  
Vol 46 ◽  
pp. 241-305
Author(s):  
Karinne Coombes
Keyword(s):  
Rule Of Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Transnational Terrorism ◽  
The Rule Of Law ◽  
State Actor

SummaryThis article explores how international humanitarian law (IHL) may apply to protect innocent civilians during the fight against transnational terrorism. To achieve the goal of allowing states to protect their populations from the threat of terrorism while respecting the rule of law and the rights of individuals, it is argued that, while IHL should remain applicable only to armed conflicts it must evolve so that it clearly applies to “transnational” armed conflicts (that is, armed conflicts between State A and a non-state actor based in State B, where State A uses force in the territory of State B without State B’s consent). Rather than recognizing a new third category of armed conflict to cover these situations, it is argued that non-international armed conflicts should be understood as a residual category that regulates all armed conflicts to which the parties are states and/or their agents.

The need to restore the Laws and Customs relating to armed Conflicts

1969 ◽  
Vol 9 (102) ◽  
pp. 459-483 ◽  
Author(s):  
Jean Pictet
Keyword(s):  
International Law ◽  
Large Body ◽  
Armed Conflicts ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law And Order ◽  
Narrow Sense ◽  
Public International Law ◽  
The Individual

Socrates recommended that one should begin a dissertation by denning one's terms.For some time now, the name, “humanitarian law”, has been used to describe the large body of public international law derived from humanitarian sentiments and centred upon the protection of the individual.The term has both a broad and a narrow sense. In the broad sense, international humanitarian law consists of those rules of international conventional and customary law which ensure respect for the individual and promote his development to the fullest possible extent compatible with law and order and, in time of war, with military necessities.

An Exercise in the Development of International Law: The New ICRC Study on Customary International Humanitarian Law

2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
High Level

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.

Counterterrorism and International Law

2019 ◽  
pp. 658-676
Author(s):  
Andrea Bianchi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Paradigm Shift ◽  
Holistic Approach ◽  
International Community ◽  
The Other ◽  
International Terrorism ◽  
Institutional Policies ◽  
The Rule Of Law

This chapter is an attempt at assessing the overall response provided by the international community, and the main normative strategies pursued by international law in countering international terrorism. To find concrete ways in which the coordination of norms and institutional policies can lead to the implementation of an effective holistic approach to fighting terrorism is the challenge lying ahead for the international community. The chapter argues that respect for human rights and the rule of law may play a central role in this process, by contributing to its legitimacy and increasing its chances of efficacy and stability in the long term. The other new challenge and the real paradigm shift, particularly at times of increasing terrorist violence, lies in thinking of counterterrorism as a precondition for economic growth and sustainable development.

Casting light on the legal black hole: International law and detentions abroad in the “war on terror”

2005 ◽  
Vol 87 (857) ◽  
pp. 39-68 ◽  
Author(s):  
Silvia Borelli
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
War On Terror ◽  
International Standards ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Domestic Courts

AbstractThousands of individuals have been detained abroad in the context of the “war on terror”, both during the armed conflicts in Afghanistan and in Iraq and as a result of transnational law-enforcement operations. This paper argues that, notwithstanding contrary positions expounded by some States, the protections of international humanitarian law and/or international human rights law remain applicable to these individuals, wherever detained, and examines recent decisions of domestic courts and international bodies which appear to reveal a reassertion of international standards.

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals Dilemmas over individual and state responsibility for violations of international humanitarian law

2004 ◽  
Vol 56 (4) ◽  
pp. 345-369
Author(s):  
Keneth Mengjo
Keyword(s):  
International Law ◽  
Legal Issues ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Human Suffering ◽  
Humanitarian Law ◽  
The Subject ◽  
International Law Commission ◽  
Law Commission

This paper attempts an explanation to some of the complex legal issues surrounding the whole concept of responsibility for violations of international humanitarian law. The arguments here are based on reflections on the draft articles on the responsibility of states for the violations of international humanitarian law adopted by the international law commission as well as opinions of experts on the subject, treaties, conventions international jurisprudence, and internationally recognized principles and customs that govern conduct in armed conflicts so as to limit human suffering particularly of non combatants.

scholarly journals Humanitarian Principles: Laws Protecting Women and Children in Pakistan: A Critical Appraisal

2021 ◽  
Vol 4 (1) ◽  
pp. 169-178
Author(s):  
Saqib Jawad ◽  
Barkat Ali ◽  
Muhammad Hassan
Keyword(s):  
International Law ◽  
Critical Appraisal ◽  
State Level ◽  
Armed Conflicts ◽  
Vulnerable Groups ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Women And Children

The principles which deal humanity are the core values of International Humanitarian Law (IHL) and Human Rights Law (HRL). Both of these codified laws expressly provide utmost protection for rights of women and children suffering war hostilities, armed conflicts and other natural disasters. These vulnerable groups are protected in the behest of International Law as well as Municipal laws. Indeed, it is admitted fact that during such crisis they become most vulnerable subject of the society. In this context, the statutory laws in Pakistan have also been promulgated in consonance with the IHL, HRL and Refugee Law. The main corpus of these rules has been embodied either directly or indirectly in the Constitution of Pakistan, 1973, and as such, International Law have been ratified and thus is provisions are binding on Pakistan. However, it is observed that their applicability is not proper at state level, and as such they could not have provide effective remedies to the children and women in Pakistan. The aim of this research is to analyse critically, the applicability of Municipal Laws concerning with the protection of the rights of women and children in Pakistan, and for this objective, doctrinal research method has been adopted.

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