scholarly journals Humanitarian Law Perspective on the Protection of the Rights of Children in Armed Conflicts

2020 ◽  
Vol 6 (1) ◽  
pp. 69-76
Author(s):  
Yared Hetharie ◽  
Yosia Hetharie
Keyword(s):  
Rule Of Law ◽  
Child Protection ◽  
Armed Conflict ◽  
Child Soldiers ◽  
Legal Issues ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Rights Of The Child

Children are often victims of armed disputes, not only in the case they are trapped in situations of armed conflict but also children are often included directly as child soldiers, therefore children must be given protection to obtain their rights as a child in an armed dispute. Child protection is closely related to Human Rights that have been generally recognized by the international community. International legal instruments and national law have regulated the protection of children's rights. Countries that are involved in armed disputes and do not implement the provisions of humanitarian law in particular the protection of the rights of the child and are considered a war crime. This research is a legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced with the approach used is the legal approach, which is carried out by examining all laws and regulations relating to the legal issues being addressed. Countries that have not ratified the provisions of Humanitarian law, should be able to ratify the provisions of Humanitarian law regarding the protection of children from being directly involved in armed disputes, and implement them into armed disputes, and implement them into their respective national legislation each country.

Protecting Civilians during the Fight against Transnational Terrorism: Applying International Humanitarian Law to Transnational Armed Conflicts

2009 ◽  
Vol 46 ◽  
pp. 241-305
Author(s):  
Karinne Coombes
Keyword(s):  
Rule Of Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Transnational Terrorism ◽  
The Rule Of Law ◽  
State Actor

SummaryThis article explores how international humanitarian law (IHL) may apply to protect innocent civilians during the fight against transnational terrorism. To achieve the goal of allowing states to protect their populations from the threat of terrorism while respecting the rule of law and the rights of individuals, it is argued that, while IHL should remain applicable only to armed conflicts it must evolve so that it clearly applies to “transnational” armed conflicts (that is, armed conflicts between State A and a non-state actor based in State B, where State A uses force in the territory of State B without State B’s consent). Rather than recognizing a new third category of armed conflict to cover these situations, it is argued that non-international armed conflicts should be understood as a residual category that regulates all armed conflicts to which the parties are states and/or their agents.

scholarly journals Pengaturan Alat Peraga Kampanye Dalam Pelaksanaan Pemilihan Kepala Daerah

2020 ◽  
Vol 6 (2) ◽  
pp. 113
Author(s):  
Choirul Anam
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Completion Time ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
Legal Principles ◽  
The People ◽  
Election Commission ◽  
Control Campaign

This study aims to explain the mechanism for electing governors and deputy governors, regents and deputy regents as well as mayors and deputy mayors who are directly elected by the people, through what we are familiar with direct regional head elections and to find out the authority of the general election commission (KPU ) in conducting the procure- ment, distribution and installation of campaign props (APK.) The method used in this research is legal research which is to find the rule of law, legal principles, and legal doc- trines in order to answer the legal issues encountered. In this study shows that given the authority of political parties or candidate pairs to hold campaign props a number of prob- lems arise, including the difficulty for the KPU to control or control campaign props held by political parties or candidate pairs starting from the number, completion time, until the design

“The Rights and Obligations of Parties to International Armed Conflicts”

2018 ◽  
Author(s):  
Janina Dill
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Rule Of Law ◽  
Community Interest ◽  
The Individual

This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and substantive dimensions. A move away from formal and procedural bilateralism is always a move towards community interest because it furthers the rule of law. In contrast, a move away from formal/procedural bilateralism does not guarantee a better protection of the community’s substantive interests. International humanitarian law is a trailblazer of procedural and formal progress, yet a slacker in the substantive move toward what is commonly taken to be community interest: protecting the individual. The chapter further shows that alongside protecting the individual, the international community has a second competing substantive interest in the regulation of warfare: preserving military efficacy. International humanitarian law’s development highlights that progress in international law is more complex than the phrase “from bilateralism to community interest” suggests .

Study on customary international humanitarian law: A contribution to the understanding and respect for the rule of law in armed conflict

2005 ◽  
Vol 87 (857) ◽  
pp. 175-212 ◽  
Author(s):  
Jean-Marie Henckaerts
Keyword(s):  
Rule Of Law ◽  
Armed Conflict ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Rule Of Law ◽  
International Conference

AbstractThis article explains the rationale behind a study on customary international humanitarian law recently undertaken by the ICRC at the request of the International Conference of the Red Cross and Red Crescent. It describes the methodology used and how the study was organized and summarizes some major findings. It does not, however, purport to provide a complete overview or analysis of these findings.

scholarly journals Analisis Hukum Humaniter Internasional Terhadap Pola Rekrutmen Tentara Anak Dalam Konflik Sipil Bersenjata

2020 ◽  
pp. 46-64
Author(s):  
Rendi Prayuda ◽  
Dian Venita Sari ◽  
Riezki AdmaJayadi
Keyword(s):  
Armed Conflict ◽  
Research Problem ◽  
Child Soldiers ◽  
Armed Conflicts ◽  
Research Approach ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Literature Study ◽  
Women And Children ◽  
The Government

The changes of issues in international security from the war to domestic conflict resulting in the emergence of armed groups that aim to change the political system and government of a country. Guerrilla armed groups recruit children as child soldiers to fight the government regime. This paper uses the concept of humanitarian law with a descriptive qualitative research approach (literature study) which describes the research problem empirically. The results of the study explained that the recruitment of child soldiers in armed conflicts violated humanitarian law which emphasized that in an armed conflict women and children must be protected. The recruitment model for child soldiers is carried out using drugs (narcotics), doctrine of revenge against family deaths, recruiting girls as sexual slaves and training children to be ready to fight. This child soldier was used as an active militant army, bait, spy and weapons courier and bombs in armed conflict.

International Humanitarian Law and Non-State Actors: A Contradiction of Terms?

2020 ◽  
Vol 53 (3) ◽  
pp. 409-430
Author(s):  
Roberta Arnold
Keyword(s):  
International Relations ◽  
Personal Experience ◽  
Armed Conflict ◽  
Legal Issues ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Pros And Cons ◽  
State Actors

There seems to have been a shift in the state-centric vision of international relations, following the increasing role of non-state actors (NSAs) on the international scene, particularly in the context of armed conflicts. Ezequiel Heffes, Marcos Kotlik and Manuel Ventura, editors of International Humanitarian Law and Non-State Actors, present through this collection of contributions an overview of legal issues arising from this new reality. The editors draw on their personal experience to explain how NSAs contribute to the development of international humanitarian law (IHL) and to suggest that in order to promote respect for IHL by all parties involved in an armed conflict, this new role should be given due consideration from a legal standpoint. The review aims to confront critically the position taken in the volume, assessing the pros and cons of an increased recognition (and potential legitimisation) of NSAs, with a particular focus on non-state armed groups. It discusses, in particular, the implications of this process for the exercise of sovereign rights and respect for fundamental guarantees, especially in relation to the powers to detain and to adjudicate.

scholarly journals Perlindungan Hukum Atas Perbedaan Luas Faktual Dengan Surat Ukur Pada Sertifikat Hak Atas Tanah

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Atindriya Hastungkara
Keyword(s):  
Rule Of Law ◽  
Scientific Research ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Logic Of Science

This journal is entitled Legal Protection of Actual Land Differences With Land Rights Certificate. This journal examines the function of the letters in the registration of land rights and how the legal safeguards for the holders of land rights in terms of factual land differences with the letters on the land certificate. The type of research used is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced in accordance with the characteristics of prescriptions of jurisprudence. This normative legal research is a procedure and way of scientific research to find the truth based on the logic of science in terms of normatifnya. So that it can answer the legal issues posed. Further said in doing research law. Approach to the problem of statutory approach (Statute Approach) based on the Act, conceptual approach (Conceptual Approach) based on theories and concepts, and the case approach (Case approach).Keywords: Legal Protection of Land Rights Holder, Land Certificate, Land Factual Difference With Measure Letters.

Applying Additional Protocol II of the Geneva Conventions to the United Nations Forces

2017 ◽  
Vol 8 (1-2) ◽  
pp. 234-254 ◽  
Author(s):  
Artem Sergeev
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Legal Issues ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Third ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Legal Nature ◽  
Hostile Environments

Following the widespread participation of United Nations (UN) forces in hostile environments, this article aims to expand the obligations of the UN under International Humanitarian Law. The article argues that Additional Protocol II (AP II) to the Geneva Conventions can bind UN forces, even though the UN is not formally a party thereto. The argument is built on three distinct legal issues: the first issue is whether the UN’s involvement in a conflict internationalizes a non-international armed conflict; the second issue is the legal nature of the UN’s obligations under AP II, which will be explained through two legal theories of indirect consent; and the third issue is the conformity of UN forces to the criteria of an armed group outlined in AP II. The article concludes that if UN forces meet certain conditions, as will be outlined herein, they should be bound by the provisions contained in AP II.

scholarly journals EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

2021 ◽  
Vol 74 (1) ◽  
pp. 20-26
Author(s):  
Oleksandra Severinova ◽  
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of Armed Conflict ◽  
The World ◽  
History Of ◽  
Political Economic ◽  
Methodological Aspects

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

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