scholarly journals International Humanitarian Law as a Source of Protection for Refugees from Areas of Armed Conflict

Refuge ◽  
1997 ◽  
pp. 6-8
Author(s):  
Karoline Kerber
Keyword(s):  
Human Rights ◽  
Geneva Convention ◽  
Legal Protection ◽  
Armed Conflicts ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Norms ◽  
The Status ◽  
Primary Focus

The primary focus of attention in discussions on legal norms protecting refugees are usually the 1951 Geneva Convention relating to the Status of Refugees and more recently international human rights instruments, such as the European Convention on Human Rights. In the context of armed conflicts, however, it seems natural to think of international humanitarian law as applicable in armed conflicts. This article examines the potential of international humanitarian law, i.e. the four Geneva Conventions of 1949 and their additional protocols of 1977, as sources of legal protection for refugees who seek shelter outside their home country.

scholarly journals PERLINDUNGAN TERHADAP PENGUNGSI DOMESTIK MENURUT HUKUM HUMANITER DAN HAK ASASI MANUSIA

2008 ◽  
Vol 8 (3) ◽  
Author(s):  
Aryuni Yuliantiningsih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Armed Conflicts ◽  
Internal Displacement ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Internally Displaced ◽  
Guiding Principle ◽  
The Status

Internal displacement is one of humanitarian problem that need to be handled in accordance to humanitarian principles.  The usual causes of internal displacement are, as results of armed conflicts, violations of human rights, and natural disaster. Internal displacement is different with refugees. For refugees who crossed border to another  country there was a protection has been regulated under The Convention relating to The Status of Refugees 1951, but for Internally Displaced Persons remain within their own countries without legal protection under international law.  To fulfill this vacuum, United Nations has stipulated a Guiding Principle on Internal Displacement in 2001.This guidance is can promote international humanitarian law and human rights law. Kata kunci: pengungsi domestik, perlindungan, hukum humaniter dan hak asasi manusia

THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW: CONFERENCE REPORT

2009 ◽  
Vol 12 ◽  
pp. 435-449 ◽  
Author(s):  
Cordula Droege ◽  
Louise Arimatsu
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Conference Report ◽  
International Committee ◽  
Armed Conflicts ◽  
European Convention ◽  
International Humanitarian Law ◽  
London School ◽  
Humanitarian Law ◽  
Conflict Situations

On 24–25 September 2009, the Faculty of Laws, University College London and the International Humanitarian Law Project, London School of Economics held a conference in cooperation with the International Committee of the Red Cross entitled ‘The European Convention on Human Rights and International Humanitarian Law’.Armed conflict situations (including belligerent occupations) have increasingly become the subject of litigation before national courts and the European Court of Human Rights (ECtHR). As a result, there is now a substantial body of case-law on the application of the European Convention on Human Rights (ECHR) in armed conflict situations. The ECtHR has had to engage with questions involving situations of armed conflict and occupation since the Turkish intervention in Northern Cyprus in the 1970s. The increasing resort to the ECHR by claimants whose rights have allegedly been violated in contemporary armed conflicts and occupations, raise new and complex questions of law. To what extent does the ECHR, as a human rights legal regime, apply in such situations, especially when alleged violations have been perpetrated abroad? How does the ECHR interact with international humanitarian law (IHL)?

scholarly journals The legal protection of persons living under the control of non-State armed groups

2021 ◽  
pp. 1-30
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Services ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Rebel Governance

Abstract In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.

Hassan v. The United Kingdom (Eur. Ct. H.R.)

2015 ◽  
Vol 54 (1) ◽  
pp. 83-129 ◽  
Author(s):  
Elizabeth Stubbins Bates
Keyword(s):  
Human Rights ◽  
Armed Conflicts ◽  
European Convention ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Article 5

On September 16, 2014, the Grand Chamber of the European Court of Human Rights (the Court) gave its judgment in the case of Hassan v. United Kingdom.This is the Court’s first explicit engagement with the co-applicability of international humanitarian law and international human rights law in relation to detention in international armed conflicts. The judgment is significant for its rejection of the government’s argument that international humanitarian law operates as lex specialis to displace international human rights law entirely during the “active hostilities phase of an international armed conflict.” It is also noteworthy for the majority’s ruling that provisions on detention of prisoners of war and the internment of protected persons in the Third and Fourth Geneva Conventions of 1949 could be read into Article 5 (right to liberty and security) of the European Convention on Human Rights (the European Convention), creating a new ground for detention under Article 5(1) in international armed conflicts and modifying the procedural guarantees in Article 5(4).

scholarly journals Protection of Children Participating in Hostilities under International Humanitarian Law and Human Rights Law: Issues of Compliance by Non-State Actors

2020 ◽  
Vol 2 (2) ◽  
pp. 66-72
Author(s):  
Sana Taha Gondal ◽  
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Provisions ◽  
State Actors ◽  
Indirect Part

Children enjoy legal protection under international humanitarian law and international human rights law. In situations of armed conflict, children are granted not only general protection as civilians, but special protection as children. Several legal provisions exist in the Geneva Conventions and its Additional Protocols, along with the Convention on the Rights of Child and its Second Optional Protocol on Children in Armed Conflicts. However, despite the current legal framework providing protective rights to children, there are serious issues of compliance by non-state actors, particularly in reference to inducting and using child soldiers. This highlights several legal challenges to international humanitarian law vis a vis the diminished protection of children taking direct part in hostilities. This article discusses the current legal regime protecting children in armed conflict, who take direct and indirect part in hostilities. Thereafter, an analysis is made of situations of international and non-international armed conflicts and the difference in protections accorded to these children, respectively. Lastly, an analysis is made of the compliance mechanisms that may be developed for non-state actors under international humanitarian law to prevent recruitment of children for taking direct or indirect part in hostilities. The issues of compliance by non-state actors and possible responses to such challenges are also addressed.

Protection of Children in International Humanitarian Law

1984 ◽  
Vol 24 (240) ◽  
pp. 140-152 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
Geneva Convention ◽  
Legal Protection ◽  
Second World War ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
Geneva Conventions ◽  
War Experience ◽  
Second World

The legal protection of children was introduced into international humanitarian law after the Second World War. Experience during that conflict had, in fact, pointed to the urgent need to draw up an instrument of public international law for protecting civilian population in wartime. The results of the ICRC's efforts in this field led to the adoption of the 1949 Fourth Geneva Convention relative to the protection of civilian persons in time of war. From that time on, children, as members of the civilian population, were entitled to benefit from the application of that Convention. Moreover, the first international humanitarian law regulations concerning armed conflicts not of an international character, contained in article 3, common to the four 1949 Geneva Conventions, were drawn up at the 1949 Diplomatic Conference. Here again, children were protected, in the same way as all “persons taking no active part in the hostilities”.

The Protection of Women in International Humanitarian Law

1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill
Keyword(s):  
World War I ◽  
Geneva Convention ◽  
Legal Protection ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
The Hague ◽  
Special Protection

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.

Contemporary Research on Proportionality in Armed Conflicts: A Select Review

2012 ◽  
Vol 3 (2) ◽  
pp. 391-414 ◽  
Author(s):  
Ben Clarke
Keyword(s):  
Human Rights ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Recent Developments ◽  
Hebrew University ◽  
Scope Of Application ◽  
Proportionality Principle

In an attempt to impose limits on the level of acceptable incidental civilian suffering during armed conflict, international humanitarian law (IHL) articulates a proportionality formula as the test to determine whether or not an attack is lawful. Efforts to comply with that formula during the conduct of hostilities can involve a host of legal and operational challenges. These challenges have inspired a growing body of doctrinal and empirical research. A recent international conference in Jerusalem, co-sponsored by the Delegation of the International Committee of the Red Cross in Israel and the Occupied Territories and the Minerva Center for Human Rights at the Hebrew University of Jerusalem, brought together human rights lawyers, military experts and scholars from a variety of disciplines to assess recent developments relating to the proportionality principle in international humanitarian law. This report examines ten conference presentations which offer important insights into: the nature, scope of application and operational requirements of the proportionality principle under IHL; the modalities of investigation and review of proportionality decisions; and the challenges involved in proportionality decision-making.

Yemen’s Unprecedented Humanitarian Crisis: Implications for International Humanitarian Law, the Geneva Convention, and the Future of Global Health Security

2016 ◽  
Vol 10 (5) ◽  
pp. 701-703 ◽  
Author(s):  
Alba Ripoll Gallardo ◽  
Frederick M. Burkle ◽  
Luca Ragazzoni ◽  
Francesco Della Corte
Keyword(s):  
Geneva Convention ◽  
Collective Responsibility ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Aid Workers ◽  
Humanitarian Crisis ◽  
Health Security ◽  
Free Flow Of Information ◽  
Flow Of Information

AbstractThe current humanitarian crisis in Yemen is unprecedented in many ways. The Yemeni War tragedy is symptomatic of gross failures to recognize, by combatants, existing humanitarian law and the Geneva Convention that have become the new norm in unconventional armed conflicts and are increasingly replicated in Africa, Afghanistan, and other areas of the Middle East with dire consequences on aid workers and the noncombatant population. The health and humanitarian professions must take collective responsibility in calling for all belligerent parties to cease the massacre and commit to guaranteed medical assistance, humanitarian aid, and the free flow of information and respect for the humanitarian principles that protect the neutrality and impartiality of the humanitarian workforce. (Disaster Med Public Health Preparedness. 2016;page 1 of 3)

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