Giovanni Mantilla, Lawmaking Under Pressure: International Humanitarian Law and Internal Armed Conflict

2021 ◽  
Vol 12 (2) ◽  
pp. 365-369
Author(s):  
David Matyas
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Internal Armed Conflict

“Urban Killing Fields:” International Humanitarian Law, Gang Violence, and Armed Conflict on the Streets of El Salvador

2020 ◽  
Vol 20 (1) ◽  
pp. 97-126
Author(s):  
Kirsten Ortega Ryan
Keyword(s):  
El Salvador ◽  
Armed Conflict ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Gang Violence ◽  
Humanitarian Law ◽  
Security Forces ◽  
Internal Armed Conflict ◽  
Killing Fields ◽  
The World

SummaryEl Salvador is currently one of the most violent countries in the world with rates of violent death second only to Syria. With gangs running rampant and state security forces unchecked, the streets have become “urban killing fields”1 while the rest of the world has turned a blind eye to the atrocities. It is time for the international community to refocus on El Salvador and work towards a solution to this dire humanitarian crisis. To that end, it is imperative that the gang violence in El Salvador should be understood by the global community as an internal “armed conflict” under international humanitarian law. By recognizing the violence in El Salvador as an “armed conflict,” international attention to resolving this human rights tragedy will increase, and Salvadoran gang leaders and government forces can be prosecuted internationally for war crimes and crimes against humanity.

A Question of Definition – The Concept of Internal Armed Conflict in the Swedish Aliens Act

2008 ◽  
Vol 10 (4) ◽  
pp. 381-409 ◽  
Author(s):  
Jennie Magnusson
Keyword(s):  
Great Britain ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Member States ◽  
European Context ◽  
Internal Armed Conflict ◽  
Court Of Appeal

AbstractFleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish interpretation is based upon international humanitarian law, a law which provides an unclear and anachronistic concept of internal armed conflict.

Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts

2000 ◽  
Vol 13 (3) ◽  
pp. 619-653 ◽  
Author(s):  
Sonja Boelaert-Suominen
Keyword(s):  
Common Core ◽  
Armed Conflict ◽  
The Body ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Internal Armed Conflict ◽  
Geneva Conventions ◽  
The Common ◽  
The Hague

This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.

Binding Armed Opposition Groups

2006 ◽  
Vol 55 (2) ◽  
pp. 369-394 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third Parties ◽  
The State ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Customary International Law ◽  
Internal Armed Conflict ◽  
Armed Opposition Groups

AbstractThis article considers how armed opposition groups fighting in an internal armed conflict are bound by the rules of international humanitarian law despite not being party to the relevant treaties. It assesses a number of explanations—customary international law, general principles of international humanitarian law, rules governing treaties and third parties and claims to succession—and argues that each has limited value. The ability of the state to legislate on behalf of all its individuals is considered the best explanation. This principle is explored and objections to it are countered. This article also examines the expressed commitment of armed opposition groups to the rules of international humanitarian law.

scholarly journals International Humanitarian Law in India: A Critical Case Study

2013 ◽  
pp. 129-140
Author(s):  
Anita Yadav ◽  
Amit Yadav
Keyword(s):  
World War Ii ◽  
Armed Conflict ◽  
Geneva Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Human Right ◽  
Internal Armed Conflict ◽  
Critical Case Study

Prior to 1949, a consensual regime on internal armed conflict was nonexistent. The urgency to regulate the conducts of parties in an internal armed conflict was realized in the wake of World War II. The evolving war patterns direly necessitated regulation of massive violations of both humanitarian law and human right norms that are corollary to each other. This article attempts to sketch the application of international humanitarian law governing internal armed conflict in the context of India with reference various approaches at national and international level. It also highlights the fact that India is yet to recognize protocol II of the Geneva Convention and the concerns such has attracted. Further, the article also attempts to venture into the grey area of determining the threshold of internal armed conflict.

Part Two Rights, 7 The Rights of Victims and Transitional Justice

2017 ◽  
Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Internal Armed Conflict ◽  
The Government ◽  
Sentence Reductions

Because of the scope and duration of Colombia’s internal armed conflict, that conflict has produced much suffering in the civilian population. This chapter focuses on the Court’s jurisprudence protecting the rights of victims, especially of the internal armed conflict. In this area, the incorporation of international law has been particularly important. Drawing on this jurisprudence, the Court has insisted that victims be given rights to truth, justice, and reparations. The contours of this right have proven particularly important in processes in which the government has sought to give amnesties or sentence reductions in return for participation in the peace process by illegal armed groups, first with paramilitaries and now with guerrilla groups. In reviewing these frameworks, the Court has sought to create criteria that are flexible while retaining the core restrictions of international human rights law and international humanitarian law.

Part IV The ICC and its Applicable Law, 30 The Characterization of Armed Conflict in the Jurisprudence of the ICC

2015 ◽  
Author(s):  
Cullen Anthony
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Case Law ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Control Test ◽  
Applicable Law ◽  
Internal Armed Conflict

The existence of armed conflict is the most fundamental prerequisite for the exercise of jurisdiction over war crimes. This chapter probes the characterization of armed conflict in the case-law of the ICC. It shows that the ICC has relied heavily on the jurisprudence of the ICTY concerning the conceptualization of non-international armed conflict (e.g. Tadić) and internationalization of prima facie internal armed conflict based on the overall control test. It argues that maintaining the integrity of armed conflict as a concept of international humanitarian law is one of the greatest longer-term challenges facing the Court.

scholarly journals Legal Aspects Regarding the Existence of the Internal Armed Conflict

2018 ◽  
Vol 24 (2) ◽  
pp. 184-188
Author(s):  
Sabin Guțan
Keyword(s):  
Armed Conflict ◽  
Legal Aspects ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Political Factors ◽  
Internal Armed Conflict ◽  
Additional Protocol ◽  
Geneva Conventions

Abstract The issue of the existence of the internal armed conflict concerns both legal factors and political factors (recognition of the existence of the internal armed conflict). From a legal point of view, to declare a violent social phenomenon as internal armed conflict, we must resort to the specific rules of international humanitarian law: Article 3 common to the Geneva Conventions of 1949 and Article 1 of the First Additional Protocol to these conventions of 1977. However, these regulations, while describing the general parameters of the existence of an internal armed conflict, do not establish clear legal criteria for delimiting the internal armed conflict of internal tensions and disturbances or other forms of non-armed conflicts. This regulatory shortcoming has led to the emergence in the jurisprudence of some states, but also in the international one, of criteria for the existence of the internal armed conflict

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