scholarly journals Dilemmas over individual and state responsibility for violations of international humanitarian law

2004 ◽  
Vol 56 (4) ◽  
pp. 345-369
Author(s):  
Keneth Mengjo
Keyword(s):  
International Law ◽  
Legal Issues ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Human Suffering ◽  
Humanitarian Law ◽  
The Subject ◽  
International Law Commission ◽  
Law Commission

This paper attempts an explanation to some of the complex legal issues surrounding the whole concept of responsibility for violations of international humanitarian law. The arguments here are based on reflections on the draft articles on the responsibility of states for the violations of international humanitarian law adopted by the international law commission as well as opinions of experts on the subject, treaties, conventions international jurisprudence, and internationally recognized principles and customs that govern conduct in armed conflicts so as to limit human suffering particularly of non combatants.

The penal repression of violations of international humanitarian law applicable in non-international armed conflicts

1990 ◽  
Vol 30 (278) ◽  
pp. 409-420 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Good Reason ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Effective Measure ◽  
Peace And Security ◽  
International Law Commission ◽  
Law Commission

At a time when non-international armed conflicts are increasing in number, it may be interesting to examine the implementation of international humanitarian law (IHL) applicable in these conflicts. To ensure its respect in international armed conflict, this law provides for the penal repression of certain violations. Used with discernment, especially for preventive purposes, this is undoubtedly an effective measure. There is good reason, therefore, also in view of the work of the International Law Commission (ILC) on a draft code of crimes against the peace and security of mankind, to see whether penal repression of the violations of international humanitarian law applicable in non-international armed conflicts should be promoted.

scholarly journals Il diritto internazionale umanitario e la guerra aerea

2010 ◽  
Keyword(s):  
International Law ◽  
Harvard University ◽  
Legal Issues ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
International Regulations ◽  
The Subject

This book is designed to fill a gap in Italian publications dealing with the legal issues triggered by the use of aircraft in armed conflicts. The absence of international regulations governing aerial hostilities, despite the increasing use of the same, calls for a serious reflection on the subject, offered here in the form of a collection of articles on the fundamental principles of humanitarian law and their application to the operations performed by the air forces, and more specifically to aerial bombardment. Recent legal rulings and the publication by Harvard University of Manual on International Law Applicable to Air and Missile Warfare are evidence of the need, felt at all levels, for an exhaustive work on this subject.

scholarly journals ARMS TRADE BETWEEN UNITED KINGDOM WITH SAUDI ARABIA IN YEMEN CONFLICT ASSOCIATED WITH ARMS TRADE TREATY 2014 AND INTERNATIONAL LAW

2020 ◽  
Vol 4 (2) ◽  
pp. 132-153
Author(s):  
Vera Ridhani
Keyword(s):  
Saudi Arabia ◽  
United Kingdom ◽  
International Law ◽  
Arab Countries ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The United Kingdom ◽  
Arms Trade ◽  
International Law Commission ◽  
Law Commission

Abstract In March 2015, the Saudi-led coalition of nine Arab countries commenced its military operations against the Houthi rebels and the forces loyal to President Saleh. This operation included bombing raids to civilians and civilian objects, a blockade in the Gulf of Aden, which is causing widespread humanitarian suffering in Yemen. During the Yemen conflict, the United Kingdom has issued 152 military licenses and export arms to Saudi Arabia with a value of £ 2,8 billion. The arms exported by the United Kingdom and use of weapons by Saudi Arabia has resulted in serious violation of International Humanitarian Law. Furthermore, the United Kingdom, as a state party to the Arms Trade Treaty 2014, has violated Article 6(3) and Article 7 of the Arms Trade Treaty for exporting the weapons without conducting mitigation risk and assessment. This article aims to analyze the violations of the Arms Trade Treaty caused by the serious violations of International Humanitarian Law, as well as the violations of United Kingdom’s national law and framework governing arms exports. This article also argues that according to the International Law Commission Article on Responsibility of States for Internationally Wrongful Acts, the United Kingdom is responsible for the arms export that has caused damage to Yemen and should carry out compensation as a form of state responsibility. Keywords: Arms Trade Treaty, Export, Transfer   Abstrak Pada Maret 2015, koalisi pimpinan Arab Saudi dan kelompok koalisi melakukan operasi militer melawan pemberontak Houthi dan pasukan yang setia kepada Presiden Saleh. Operasi ini termasuk serangan pemboman terhadap warga sipil dan objek sipil, blokade di Teluk Aden, yang menyebabkan penderitaan kemanusiaan yang meluas di Yaman. Selama konflik Yaman, Inggris telah menerbitkan 152 lisensi militer dan mengekspor senjata ke Arab Saudi senilai £ 2,8 miliar.  Senjata yang diekspor Inggris dan penggunaan senjata oleh Arab Saudi telah mengakibatkan pelanggaran serius Hukum Humaniter Internasional. Lebih lanjut, Inggris sebagai negara pihak Arms Trade Treaty 2014 telah melanggar Pasal 6(3) dan Pasal 7 Arms Trade Treaty karena mengekspor senjata tanpa melakukan mitigasi risiko dan penilaian. Artikel ini bertujuan untuk menganalisis pelanggaran Arms Trade Treaty yang disebabkan oleh pelanggaran serius Hukum Humaniter Internasional, serta pelanggaran hukum nasional Inggris dan kerangka kerja yang mengatur ekspor senjata. Artikel ini juga berpendapat bahwa menurut International Law Commission Article on Responsibility of States for Internationally Wrongful Acts, Inggris bertanggung jawab atas ekspor senjata yang telah menyebabkan kerusakan di Yaman dan harus melakukan kompensasi sebagai bentuk tanggung jawab negara. Kata Kunci: Ekspor, Perjanjian Perdagangan Senjata, Transfer

10 Protection of the Environment in Relation to Armed Conflicts

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Environmental Damage ◽  
Environmental Consequences ◽  
Long Time ◽  
Work Programme ◽  
The Subject ◽  
International Law Commission ◽  
Law Commission

This chapter describes the protection of the environment in relation to armed conflict. Armed conflicts have had serious consequences on the environment which may last a long time after a conflict has ended. Starting in the 1970s, the matter of the protection of the environment during times of armed conflict became the object of political initiatives and controversy. In recent years, efforts to develop, or at least codify, international law concerning the protection of the environment in relation to armed conflict were revived. In 2011, the International Law Commission (ILC) decided to include the topic ‘Protection of the Environment in relation to Armed Conflict’ to its work programme. The formulation of the subject means that the ILC is not only concerned with environmental damage caused during armed conflict, but also with measures that might be taken in peacetime and with environmental consequences of an armed conflict after the end of the conflict, for example toxic remnants of war.

Displacement of Civilians during Armed Conflict in the Light of the Case Law of the Eritrea-Ethiopia Claims Commission

2009 ◽  
Vol 22 (4) ◽  
pp. 823-851 ◽  
Author(s):  
ALLEHONE MULUGETA ABEBE
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Law

AbstractThe awards on liability and damages for violations of international humanitarian law of the Eritrea-Ethiopia Claims Commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The Commission reached a number of important decisions based on government-to-government claims brought by Ethiopia and Eritrea for injuries, losses, and damage suffered by individuals and groups uprooted by the war. While these decisions bring to light the potential of international humanitarian law in addressing the plight of the displaced, they also expose the limitations of the tribunal's mandate and its interpretation of existing law. The aim of this essay is to analyse the case law of the Commission in the light of international law applicable to situations of displacement of civilians triggered by international armed conflicts, and evaluate the relevance of the Commission's jurisprudence for the development of the law in the field.

scholarly journals Applicability of the rules of international humanitarian law to peacekeeping operations in regional crises

2021 ◽  
pp. 26-32
Author(s):  
Alexandru Cauia ◽  
◽  
Naif Jassim Alabduljabbar ◽  
Keyword(s):  
International Law ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Peacekeeping Operations ◽  
Military Conflicts ◽  
The Status ◽  
The Subject

Reading the International Humanitarian Law, point of view of the status of subjects of Public International Law of the parties ist the only issue that involved in military conflicts matters so that they can be qualified as international or non-international, which depends directly on the volume of legal rules to be enforced and complied by the warring parties. Thus, members of peacekeeping operations conducted under the auspices of the UN, or with the participation of regional structures must strictly comply with the provisions of the rules of war throughout their actions in situations that may qualify as armed conflicts. Mechanisms and instruments for ensuring compliance with the rules of International Humanitarian Law by members of peacekeeping contingents shall be the subject of research in this article.

scholarly journals Development of the concept of state responsibility in succession situations in the light of draft articles of the UN international law commission

2020 ◽  
pp. 114-132
Author(s):  
M. V. Keshner
Keyword(s):  
International Law ◽  
Systems Approach ◽  
Synthesis Method ◽  
General Rule ◽  
State Responsibility ◽  
Methodological Foundation ◽  
General Scientific ◽  
The Subject ◽  
International Law Commission ◽  
Law Commission

INTRODUCTION. The article considers the concept of a succession of states with regard to the responsibility of states, which has become the subject of discussion by the UN International Law Commission and the preparation of the relevant draft articles. The author studies the methodology of considering the topic with a view to substantiating the idea of transferability of rights and obligations in the context of the responsibility of states, which is to a certain extent contradictory, due to the limited practice of states in this area. In this regard, questions are raised as to whether the new project can solve the problem of fill ing the gap between the regimes of state succession and state responsibility.MATERIALS AND METHODS. The author made a theoretical and empirical analysis of the main sources of international law, the materials of the work of the UN International Law Commission: reports of the special reporter on the succession of states regarding state responsibility, comments and observations of states, state practice, and the practice of international courts on the subject matter. Methodological foundation of research is composed by general scientific (analysis method, synthesis method, systems approach) and private-law methods of obtaining knowledge (formal legal, comparative legal).RESEARCH RESULTS. Based on the study, it is argued that the key ILC approach – the general rule of the lack of succession in respect of international responsibility is not absolute in nature, also contains potentially conflicting aspects. The author comes to the conclusion that the concept of transferability of rights and obligations in the context of state responsibility is to a certain extent contradictory, due to the limited practice of states in this area.DISCUSSION AND CONCLUSIONS. This article highlights a number of problematic aspects of the draft articles provisionally adopted by the Drafting Committee of the United Nations International Law Commission, as well as the proposed new draft articles in the regulation of specific categories of succession of States in respect of the obligations arising from responsibility. The author concludes that the norms formulated under the theme should take into account the complex legal regime of state responsibility for internationally wrongful acts, which differs from other regimes of succession. 

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

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