scholarly journals Legal Status of Mercenaries Under International Humanitarian Law of Armed Conflicts

2017 ◽  
Vol 26 (3) ◽  
pp. 107
Author(s):  
Paweł Wójcik
Keyword(s):  
Legal Status ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law

Part IV The International Red Cross and Red Crescent Movement, 39 The International Committee of the Red Cross: Legal Status, Privileges, and Immunities

2018 ◽  
Author(s):  
Lavoyer Jean-Philippe ◽  
Vité Sylvain
Keyword(s):  
Armed Conflict ◽  
Legal Status ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Domestic Law ◽  
International Status ◽  
Independent Organization

This chapter offers a brief description of the origin, mandate, and legal status of the International Committee of the Red Cross (ICRC). The ICRC is an impartial, neutral, and independent organization that was founded in 1863. It endeavours to promote compliance with international humanitarian law by all parties to armed conflicts. It also seeks to provide protection and assistance to victims of armed conflict and other situations of violence. Its activities are based on a mandate received from the community of States. In order to support the efficient fulfilment of its mandate, the ICRC was also recognized international status and was granted privileges and immunities under both international and domestic law.

THE STATUS OF PEACE OPERATION PERSONNEL UNDER INTERNATIONAL HUMANITARIAN LAW

2008 ◽  
Vol 11 ◽  
pp. 109-138 ◽  
Author(s):  
Ola Engdahl
Keyword(s):  
United Nations ◽  
Armed Conflict ◽  
Legal Status ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Military Force ◽  
Peace Operations ◽  
Humanitarian Law ◽  
Military Forces ◽  
The Status

AbstractCurrent peace operations often include an element of enforcement. Such operations are based upon Chapter VII of the United Nations Charter and are regularly endowed with a right to use ‘all necessary measures’ to fulfil the tasks set down in the particular mandate from the UN Security Council. Such operations, moreover, are often deployed in unstable conditions that border on armed conflict, or in areas of existing conflict. At times, the military forces involved in these operations are also involved in the armed conflict itself.The utilization of military force naturally raises the question of the legal status of personnel in peace operations under international humanitarian law (IHL). They represent the international community and as such are protected personnel. But how should they be treated from the perspective of IHL? Should they, despite their obvious military characteristics, be regarded as civilians? At what point, if any, could they be regarded as combatants? On the issue of change of status under IHL, does the same threshold apply for the operation's military forces as for other military personnel? Does the involvement of peace forces in an armed conflict, made up of contributions from a number of States, automatically cause that conflict to assume an international nature? Are theConvention on the Safety of United Nations and Associated Personneland IHL, applicable in non-international armed conflicts, mutually exclusive? These dilemmas are well illustrated by the difficulties facing the International Security and Assistance Force (ISAF) in Afghanistan.

The Interplay Between International Humanitarian Law and Refugee Law

2010 ◽  
Vol 1 (2) ◽  
pp. 329-381
Author(s):  
Pablo Antonio Fernández-Sánchez
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Refugee Status ◽  
Simultaneous Application ◽  
Refugee Law ◽  
The Right

AbstractInternational humanitarian law (IHL) is not the sole body of international law that applies in armed conflicts. Among the different legal bodies that may be subject to the simultaneous application during armed conflicts is refugee law. The questions considered in this article are the protection of refugees under IHL, including the right of non-refoulement during armed conflicts. The cumulative application of IHL and refugee law is another focus of analysis. This article deals with inter alia the reinforced extension of alien rights to refugees during armed conflict, the possibility to grant refugee status to new actors which appear during armed conflict, the obligation to disarm and separate armed elements, the forced transfer of refugees for military or humanitarian reasons, and the right of ex-combatants to be treated as civilian refugees once they have disarmed and their legal status can be determined.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

The application of humanitarian law by the armed forces of the United Nations Organization

1978 ◽  
Vol 18 (206) ◽  
pp. 274-284 ◽  
Author(s):  
Yves Sandoz
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Armed Force ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Nations

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:— What is the nature of the armed forces which the UN commits or can commit at the present time?— To what extent are these armed forces obliged to apply humanitarian law?

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