scholarly journals Multiple Identities, Citizenship Rights and Democratization in Africa

2005 ◽  
Vol 28 (2) ◽  
pp. 97-115
Author(s):  
'Lai Olurode
Keyword(s):  
Identity Politics ◽  
Multiple Identities ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Great Care ◽  
Citizenship Rights ◽  
New Era ◽  
Explosive Force ◽  
The Guardian ◽  
Kofi Annan

This particularistic and exclusionary form of identity politics has intensified in recent years within and among nations…. It is responsible for some of the most egregious violations of international humanitarian law and, in several instances, of elementary standards of humanity…. Negative forms of identity politics are a potent and potentially explosive force. Great care must be taken to recognise, confront and restrain them lest they destroy the potential for peace and progress that the new era holds in store (Kofi Annan, The Guardian, (Nigeria) 1997:8).

scholarly journals ‘Not dead but sleeping’: Expanding international law to better regulate the diverse effects of ceasefire agreements

2020 ◽  
Vol 33 (3) ◽  
pp. 731-743
Author(s):  
Marika Sosnowski
Keyword(s):  
International Law ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Development Studies ◽  
Humanitarian Law ◽  
Economic Networks ◽  
Citizenship Rights ◽  
Geneva Conventions ◽  
Governance Institutions ◽  
New Research

AbstractCeasefire agreements are legally governed by international humanitarian law because they have generally been considered in relation to how they affect levels of violence. However, new research in the fields of anthropology, security, and development studies suggests that ceasefires can have many more ramifications. These range from their ability to influence governance institutions, property and citizenship rights, economic networks, and security mechanisms. Consequently, this article suggests that a broader legal framework is needed through which to consider ceasefires and their consequences. While canvassing the option of ceasefires being types of contractual documents or as special agreements under Common Article 3 of the Geneva Conventions, the article concludes that the best way to regulate ceasefire agreements is through an expanded version of lex pacificatoria. Rather than being governed by hard international law, such a move would allow for the implementation of more flexible programmatic standards to influence the myriad ways ceasefires are negotiated, the conduct of belligerents, and their diverse effects on the ground during wartime.

MISTREATMENT OF THE WOUNDED, SICK AND SHIPWRECKED BY THE ICRC STUDY ON CUSTOMARY INTERNATIONAL HUMANITARIAN LAW

2008 ◽  
Vol 11 ◽  
pp. 175-219
Author(s):  
James P. Benoit
Keyword(s):  
The United States ◽  
International Committee ◽  
The State ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Traditional Theory ◽  
Humanitarian Law ◽  
The Us ◽  
State Practice ◽  
The Guardian

AbstractIn 2005, the International Committee of the Red Cross (ICRC) completed a ten-year study on customary international humanitarian law, based on an assessment of the State practice of over 150 nations over the preceding thirty years. Somewhat surprisingly, but perhaps owing to the sheer size of theICRC Study, only two states have officially responded to the ICRC: the United States and Israel. Although an analysis of the US response is beyond the scope of this paper, it generally criticizes theICRC Study'sunorthodox methodology, including both the State practice it considered, and its lack of proof ofopinio juris.The ICRC is a venerable organization, traditionally viewed as the guardian of international humanitarian law. Its study is a monumental work compiling a surfeit of State practice. Nevertheless, theICRC Studyarticulates ‘rules’ that are not sustainable under the traditional theory of customary international law formation, as may be seen by the examination in Section 3 of the three seemingly uncontroversial rules proposed for handling the wounded, sick and shipwrecked.

International Humanitarian Law

2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

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.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

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.

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