From the “Right to Have Rights” to the “Critique of Humanitarian Reason”

2018 ◽  
pp. 101-124
Author(s):  
Seyla Benhabib
Keyword(s):  
International Law ◽  
Hannah Arendt ◽  
Political Agency ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Emancipatory Politics ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter explores Jacques Rancière's trenchant critique of Hannah Arendt, after briefly recalling Arendt's discussion of the right to have rights. It shows how Rancière not only misreads Arendt, but much of what he defends as the necessary enactment of rights is quite compatible with an Arendtian understanding of political agency. The chapter then turns to the quandaries of “humanitarian reason,” in Didier Fassin's felicitous phrase. To address them, the chapter calls for a new conceptualization of the relationship between international law and emancipatory politics; a new way of understanding how to negotiate the facticity and the validity of the law, including international humanitarian law, such as to create new vistas for the political.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

scholarly journals CRIMINAL LIABILITY FOR HUMANITARIAN CRIMES IN INTERNATIONAL LAW AND ITS REFLECTION IN RUSSIAN NATIONAL LEGISLATION

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 190-196
Author(s):  
V. A. Bugaev ◽  
A. V. Chaika
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Criminal Liability ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Legislation ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Relationship

The article discusses the problems of the relationship between international law in general and, in particular, international humanitarian law and the criminal legislation of the Russian Federation in determining responsibility for international humanitarian crimes. The analysis of the emergence of international humanitarian law, its fundamental principles and their reflection in the law of Russia and the Russian Federation.

scholarly journals The redirection of attacks by defending forces

2021 ◽  
pp. 1-18
Author(s):  
Tsvetelina van Benthem
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Law Of Armed Conflict ◽  
The Law ◽  
Definition Of ◽  
The Relationship

Abstract This article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.

14. The law of armed conflict

2019 ◽  
pp. 279-302
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
Basic Principles ◽  
Law Of Armed Conflict ◽  
The Relationship

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

States' entitlement to take action to enforce international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 177-195 ◽  
Author(s):  
Kamen Sachariew
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Human Life ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Lasting Peace ◽  
The Relationship ◽  
Ultimate Purpose

The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.

scholarly journals Condemning or Condoning the Perpetrators? International Humanitarian Law and Attitudes Toward Wartime Violence

2019 ◽  
Vol 44 (1) ◽  
pp. 192-226 ◽  
Author(s):  
Geoffrey P. R. Wallace
Keyword(s):  
International Law ◽  
Value Systems ◽  
International Humanitarian Law ◽  
Moral Foundations ◽  
Humanitarian Law ◽  
Legal Principles ◽  
Post Conflict ◽  
The Relationship ◽  
Difficult Situations ◽  
Cross National

What are the implications of international law for attitudes toward wartime violence? Existing research offers contrasting views on the ability of international legal principles to shape individual preferences, especially in difficult situations involving armed conflict. Employing cross-national survey evidence from several conflict and post-conflict countries, this article contributes to this debate by evaluating the relationship between individuals’ knowledge of the laws of war and attitudes toward wartime conduct. Findings show that exposure to international law is associated with a significant reduction in support for wartime abuses, though the results are stronger for prisoner treatment than for targeting civilians. Analysis further reveals that legal principles generate different expectations of conduct than alternative value systems that are rooted in strong moral foundations regarding the impermissibility of wartime abuses. The findings are relevant for understanding the relationship between international law and domestic actors, and how legal principles relate to the resort to violence.

scholarly journals The meaning of Moscow: “Non-lethal” weapons and international law in the early 21st century

2005 ◽  
Vol 87 (859) ◽  
pp. 525-552 ◽  
Author(s):  
David P. Fidler
Keyword(s):  
International Law ◽  
21St Century ◽  
Terrorist Attack ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Early 21St Century ◽  
The Past ◽  
History Of ◽  
The Relationship ◽  
The Early 21St Century

AbstractAt the intersection of new weapon technologies and international humanitarian law, so-called “non-lethal” weapons have become an area of particular interest. This article analyses the relationship between “non-lethal” weapons and international law in the early 21st century by focusing on the most seminal incident to date in the short history of the “non-lethal” weapons debate, the use of an incapacitating chemical to end a terrorist attack on a Moscow theatre in October 2002. This tragic incident has shown that rapid technological change will continue to stress international law on the development and use of weaponry but in ways more politically charged, legally complicated and ethically challenging than the application of international humanitarian law in the past.

Sign in / Sign up

Export Citation Format

Share Document