REPORT ON THE EU GUIDELINES ON PROMOTING COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW WORKING PARTY ON PUBLIC INTERNATIONAL LAW (COJUR) REPORT ON THE EU GUIDELINES ON PROMOTING COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW

2020 ◽  
Keyword(s):  
International Law ◽  
Working Party ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
The Eu

Part II Substantive Aspects, Ch.3 Cultural Heritage and International Humanitarian Law

2020 ◽  
Author(s):  
O’Keefe Roger
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Cultural Sites

The beginnings of international cultural heritage law can be traced to rules on the treatment of cultural sites and objects in war—that is, to international humanitarian law, the branch of public international law dedicated to the regulation of the conduct of what we now refer to as armed conflict. Today there exists a detailed body of conventional and customary international humanitarian law designed to protect tangible cultural heritage, both immovable and movable, from destruction and damage and from all forms of misappropriation in the course of international and non-international armed conflict. The chapter provides an account and analysis of these rules.

(Un-)bedingte Gleichheit nichtstaatlicher Gewaltakteure im Völkerrecht

2020 ◽  
Author(s):  
Jonas Finke
Keyword(s):  
Civil War ◽  
International Law ◽  
Private Security ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Private Security Companies ◽  
Self Defense ◽  
State Actors ◽  
Security Companies

This analysis takes all relevant violent non-state actors into consideration instead of restricting the examination to just one. It takes a comparative angle to discuss whether terrorists, pirates, private security companies and civil war parties are treated coherently under public international law. Are civil war parties and private security companies treated similarly under international humanitarian law? How is the state’s right of self-defense affected if the aggressors are terrorists? What is the rationale behind the criminalisation of piracy? It concludes that all non-state actors should be subject to the same rules and regulations whenever they are engaged in military action with states. Whenever the objective is to vanquish a group of actors completely, a different treatment is warranted.

3 Scope of Application of International Humanitarian Law

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Scope Of Application ◽  
The Law ◽  
Humanitarian Values ◽  
The One

This chapter addresses the scope of application of international humanitarian law. International humanitarian law regulates, and as a rule applies in times of, armed conflicts. Accordingly, it is also referred to as the law of armed conflict or jus in bello. The three interchangeable terms denote the only branch of public international law that is specifically designed to strike a balance during armed conflicts between preserving humanitarian values, on the one hand, and considerations of military necessity, on the other by protecting those who do not or no longer directly participate in hostilities and by limiting the right of parties to the conflict to use armed force only to the amount necessary to achieve the aim of the conflict, which is to weaken the military potential of the enemy. While international humanitarian law specifically regulates situations of armed conflicts, it does not automatically supersede all other areas of public international law in the event of an armed conflict. The chapter then focuses on the law enforcement aspects, the continued relevance of rules of international law of peace during armed conflict, and the relevance of humanitarian law in peacetime and post-conflict military operations.

Treaties for Armed Conflict

2014 ◽  
Author(s):  
Robert Kolb ◽  
Katherine Del Mar
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Law Of Armed Conflict ◽  
The Law

This chapter begins with a discussion of the importance of treaties in the law of armed conflict. Specifically, it presents seven reasons why the law of armed conflict is one of the branches of public international law that has been the most intensely codified through treaties. It then discusses treaties and international customary law; the main treaties on international humanitarian law (IHL); problems of ratification of IHL treaties; reservations to IHL treaties; legal relationships between IHL treaties; interpretation of IHL treaties; special agreements; denunciation of IHL treaties; and the legal effects of a breach of an IHL treaty.

scholarly journals Critique of the International Legal Regime Applicable to Terrorism

2016 ◽  
Vol 2 (1) ◽  
pp. 21-36
Author(s):  
Nabil Mokaya Orina
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Critical Analysis ◽  
International Criminal ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Regime ◽  
Public International Law ◽  
Refugee Law

Terrorism is a global phenomenon that permeates state borders and predominantly causes immeasurable suffering to civilians. The need for international cooperation and concerted efforts in combating terrorism cannot be gainsaid. Already, sectoral instruments have been passed to regulate certain aspects of terrorism. However, without a single terrorism specific instrument, acts of terrorism generally classified will fall under spheres of international law which include; public international law, international criminal law, international humanitarian law, human rights and refugee law. This paper makes a critical analysis of these spheres of international law and how they apply to states’ counter-terrorism efforts.

scholarly journals Armed Conflicts in Outer Space

2020 ◽  
Vol 7 (1) ◽  
pp. 335-357
Author(s):  
Juan Felipe Idrovo Romo
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Outer Space ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Dual Use ◽  
Public International Law ◽  
Unique Nature ◽  
Rules And Principles

The paper critically explores those scenarios (hypothetical, but probable) in which armed conflicts take place in outer space. First, the problem regarding the definition and delimitation of outer space will be analyzed. In this regard, the reasons why there is no consensus among the States, and even within the scientific community, will be explained. Subsequently, the relevant branches (for the topic) of Public International Law will be introduced (International Space Law, International Humanitarian Law, and Ius ad Bellum) and their key regulations will be identified. At this point, the main reasons why International Humanitarian Law shall be applied in the event that an armed conflict develops in outer space will be explained taking into account PIL formal and auxiliary sources. Likewise, specific challenges, that result from the application of International Humanitarian Law in outer space, will be exposed and analyzed. These challenges include: (i) attacks on dual-use objects; (ii) the obligations of the parties to the conflict when there is human direct or physical participation; and (iii) the applicable regulations for the development and use of new weapons. For each problem raised, possible solutions based on the rules and principles of current law will be provided. Finally, the need for the eventual creation of a specific treaty to regulate the matter will be emphasized, in view of the unique nature of this type of conflict.

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.

Sign in / Sign up

Export Citation Format

Share Document