How is the line drawn?

2021 ◽  
pp. 110-148
Author(s):  
Rebecca Sutton

This chapter presents distinction as a performance and conveys the dynamism of everyday distinction practices. Distinction takes on an explicit visual life in the Kinetic realm: humanitarian actors deploy signs and symbols, and they carry themselves in deliberate ways to show they are distinct. Everything in these practices is a matter of degree and subtle gradation. Other international actors emerge here as potential sources of contamination, including actors who would be entitled to civilian protection in IHL. Humanitarian actors embark on dogged attempts to assert distinction from these other actors, but distinction is always already compromised. While the possible futility of their distinction project leads some humanitarian actors to rally behind distinction even more strongly, other humanitarians balance distinction with other pressing priorities. In the civil–military training spaces, international military and peacekeeping actors voice incredulity at the logic of humanitarian distinction practices. From the perspective of these other actors, humanitarians are behaving erratically and prevaricating. The Intellectual realm focuses on the civilian concept, locating a continuum of ‘civilianness’ in international law. The discussion examines qualities that have historically been associated with civilianness—such as harmlessness, innocence, and non-participation in fighting—and highlights the shifting relevance of an armed/unarmed marker. Engaging with the adjudication of crimes against humanity cases in the Hague, it is shown that even in international tribunals civilianness might be a matter of degree. The chapter closes by introducing three unfamiliar figures: the ‘civilian plus’, ‘mere civilian’, and ‘civilian minus’.

Author(s):  
V. Popko

The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability


2014 ◽  
Vol 19 (2) ◽  
pp. 257-284 ◽  
Author(s):  
J. Michael Greig ◽  
James D. Meernik

The International Criminal Court (icc) came into force in July 2002 with the potential to drastically alter both the war fighting and peacemaking behavior of states. Theiccis designed to try and subsequently punish those found guilty of war crimes, crimes against humanity, and genocide. Supporters of theicchave argued that its establishment will erode the norm of impunity that state and military leaders have historically enjoyed. Yet, another logic suggests that the initiation of aniccinvestigation or the issuance of an arrest warrant for individuals embroiled in an ongoing dispute may make matters worse. Such individuals may see little reason to stop fighting and reach a settlement if conflict resolution results in their detention in The Hague. Indeed, suspected war criminals and their patrons may wish to escalate their violence in order to avoid showing any sign of weakness or possibility of capitulation lest their enemies press the fight or their rivals seek to undermine their authority. In this article, we explore the potential impact of theiccon the likelihood of peace by examining the impact of actions by theicc– the initiation of investigations into conflict situations and the issuance of arrest warrants for those suspected of committing violations of international law – on the likelihood of mediation. Our findings suggest that whileiccarrest warrants can encourage mediation, the initiation of investigations by theicccan actually undermine the occurrence of mediation.


Author(s):  
Rebecca Sutton

In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the Kinetic realm, where distinction is in motion in South Sudan; the Pedagogical realm, where distinction is taught in civil–military training spaces in Europe; and the Intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague. Directing attention to international humanitarian actors, the book shows that these actors seize upon signifiers of ‘civilianness’ in everyday practice. To safeguard their civilian status, and to deflect any qualities of ‘combatantness’ that might affix to them, humanitarian actors strive to distinguish themselves from other international actors in their midst. The latter include peacekeepers working for the UN Mission in South Sudan (UNMISS), and soldiers who deploy with NATO missions. Crucially, some of the distinctions enacted cut along civilian–civilian lines, suggesting that humanitarian actors are longing for something more than civilian status–the ‘civilian plus’. This special status presents a paradox: the appeal to the ‘civilian plus’ undermines general civilian protection, yet as the civilian ideal becomes increasingly beleaguered, a special civilian status appears ever more desirable. However disruptive these practices may be to the principle of distinction in IHL, it is emphasized that even at the most normative level there is no bright-line distinction to be found.


Author(s):  
Antônio Augusto ◽  
Cançado Trindade

More recently, jurisprudential cross-fertilization has kept on being pursued in particular by international human rights tribunals and international criminal tribunals. This is reassuring, as, despite their distinct jurisdictions, their work is complementary, in their common mission of imparting justice, in distinct domains of international law. Jurisprudential cross-fertilization fosters cohesion and the unity of law. Particularly attention is currently devoted to the preservation of the legacy of the ad hoc international criminal tribunals.


1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.


Animals ◽  
2021 ◽  
Vol 11 (7) ◽  
pp. 2152
Author(s):  
Konrad Wojnarowski ◽  
Paweł Podobiński ◽  
Paulina Cholewińska ◽  
Jakub Smoliński ◽  
Karolina Dorobisz

Nowadays, there is a growing interest in environmental pollution; however, knowledge about this aspect is growing at an insufficient pace. There are many potential sources of environmental contamination, including sex hormones—especially estrogens. The analyzed literature shows that estrone (E1), estradiol (E2), estriol (E3), and synthetic ethinyloestradiol (EE2) are the most significant in terms of environmental impact. Potential sources of contamination are, among others, livestock farms, slaughterhouses, and large urban agglomerations. Estrogens occurring in the environment can negatively affect the organisms, such as animals, through phenomena such as feminization, dysregulation of natural processes related to reproduction, lowering the physiological condition of the organisms, disturbances in the regulation of both proapoptotic and anti-apoptotic processes, and even the occurrence of neoplastic processes thus drastically decreasing animal welfare. Unfortunately, the amount of research conducted on the negative consequences of their impact on animal organisms is many times smaller than that of humans, despite the great richness and diversity of the fauna. Therefore, there is a need for further research to help fill the gaps in our knowledge.


2020 ◽  
Vol 114 ◽  
pp. 359-360
Author(s):  
Saskia Bruines

Ladies and Gentlemen, as Deputy Mayor of The Hague, I am glad that this esteemed panel will discuss the promise of cities in relation to international law. As a representative of the international city of peace and justice, this subject is of course close to my heart.


2020 ◽  
Vol 114 ◽  
pp. 362-364
Author(s):  
Penny Abeywardena

Janne thank you so much. First, it is a pleasure to be with this esteemed panel and I want to thank the American Society for International Law and the Municipality of The Hague for bringing us together today.


Author(s):  
Jin Sun ◽  
Qiong WU

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.


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