scholarly journals Natia Kalandarishvili-Mueller, Occupation and Control in International Humanitarian Law

Author(s):  
Stefano D’Aloia
2020 ◽  

This report aims to compile information about relevant measures employed in the implementation of IHL in Germany, without being exhaustive. It therefore addresses the status of IHL in the German legal system, the status and control of the German armed forces as well as measures concerning, inter alia, the protection of civilians and civilian property, and the dissemination and enforcement of IHL. The report will appeal to anyone with an interest in IHL, including government officials, parliamentarians, the staff of non-governmental organisations, academics, journalists and the general public both in and outside Germany.


1999 ◽  
Vol 12 (4) ◽  
pp. 753-757 ◽  
Author(s):  
Marten Zwanenburg

Increasingly the UN is ‘subcontracting’ peacekeeping and peace enforcement operations. The ECOMOG intervention in Sierra Leone is an example. Some members of ECOMOG have been accused of violating international humanitarian law. These accusations have not been adequately addressed by ECOMOG nor by the UN. The limited attention paid to this problem by the UN in ‘subcontracted’ operations contrasts with increased concern with respect for international humanitarian law by forces under UN command and control. It is argued that the UN should ensure that ‘subcontracting’ does not lead to lowering standards of international humanitarian law.


Author(s):  
Marco Sassòli

AbstractMost contemporary armed conflicts are not of an international character. International Humanitarian Law (IHL) applicable to these conflicts is equally binding on non-State armed groups as it is on States. The legal mechanisms for its implementation are, however, still mainly geared toward States. The author considers that the perspective of such groups and the difficulties for them in applying IHL should be taken into account in order to make the law more realistic and more often respected. It is submitted that the law is currently often developed and interpreted without taking into account the realities of armed groups. This contribution explores how armed groups could be involved in the development, interpretation and operationalization of the law. It argues that armed groups should be allowed to accept IHL formally, to create – amongst other things – a certain sense of ownership. Their respect of the law should also be rewarded. Possible methods to encourage, monitor and control respect of IHL by armed groups are described. The author suggests in particular that armed groups should be allowed and encouraged to report on their implementation of IHL to an existing or newly created institution. Finally, in case of violations, this contribution proposes ways to apply criminal, civil and international responsibility, including sanctions, to non-State armed groups.


2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.


Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


Sign in / Sign up

Export Citation Format

Share Document