Protecting Afghanistan’s children in armed conflict : principles of Sharia law, national legislation, international human right and international humanitarian law on children and armed conflict / United Nations Assistance Mission in Afghanistan (UNAMA).

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

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

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-00801003 ◽

2017 ◽

Vol 8 (1-2) ◽

pp. 234-254 ◽

Cited By ~ 1

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.

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25. International humanitarian law

International Human Rights Law ◽

10.1093/he/9780198767237.003.0025 ◽

2017 ◽

Author(s):

Sandesh Sivakumaran

Keyword(s):

Human Rights ◽

Armed Conflict ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

The Relationship ◽

Two Bodies

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

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The Interplay between International Humanitarian Law and International Human Rights Law in Situations of Armed Conflict

Israel Law Review ◽

10.1017/s0021223700013376 ◽

2007 ◽

Vol 40 (2) ◽

pp. 310-355 ◽

Cited By ~ 49

Author(s):

Cordula Droege

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Armed Conflicts ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

Historical Developments

International human rights law and international humanitarian law are traditionally two distinct branches of law, one dealing with the protection of persons from abusive power, the other with the conduct of parties to an armed conflict. Yet, developments in international and national jurisprudence and practice have led to the recognition that these two bodies of law not only share a common humanist ideal of dignity and integrity but overlap substantially in practice. The most frequent examples are situations of occupation or non-international armed conflicts where human rights law complements the protection provided by humanitarian law.This article provides an overview of the historical developments that led to the increasing overlap between human rights law and humanitarian law. It then seeks to analyse the ways in which the interplay between human rights law and humanitarian law can work in practice. It argues that two main concepts inform their interaction: The first is complementarity between their norms in the sense that in most cases, especially for the protection of persons in the power of a party to the conflict, they mutually reinforce each other. The second is the principle of lex specialis in the cases of conflict between the norms.

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Le droit international humanitaire et la protection des enfants en situation de conflits armés – Etude de cas de la République Démocratique du Congo

Afrika Focus ◽

10.21825/af.v30i1.4983 ◽

2017 ◽

Vol 30 (1) ◽

Cited By ~ 2

Author(s):

Junior Mumbala Abelungu

Keyword(s):

Armed Conflict ◽

Democratic Republic ◽

Child Soldiers ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

Special Protection

The system of protection of children in situations of armed conflict, as established by international humanitarian law and supplemented by international human rights law and international criminal law, remains subject to numerous pitfalls. These pitfalls are closely intertwined with the definition of the obligations of the parties to the conflict and the mechanisms that ensure the implementation of the aforementioned obligations. Using the Democratic Republic of the Congo as a case study, a country that is estimated to have more than 30,000 child soldiers (with approximately 15% of the child soldiers being girls) and whose children remain victims of the unspeakable atrocities of armed forces and groups, this doctoral dissertation aims to question the content and effectiveness of the special protection of children, civilian or soldier, in situations of armed con ict. The overall purpose of this paper is to provide a summary of my doctoral thesis. Key words : international humanitarian law, international human rights law, children, civilian child, child soldier, special protection, general protection, armed conflict, Democratic Republic of Congo

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EXISTENCE OF THE DISTINCTION PRINCIPLE AS A PROTECTION FOR THE VICTIMS OF ARMED CONFLICT; THE IMPLICATIONS ON RENEWAL OF THE NATIONAL LAW

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2015.15.2.377 ◽

2015 ◽

Vol 15 (2) ◽

Author(s):

Danial .

Keyword(s):

Armed Conflict ◽

Analytical Approach ◽

Secondary Data ◽

Internal Conflict ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Effective Protection ◽

National Legislation ◽

Internal Conflicts ◽

Research Questions

This study intent to analyze the existence of the distinction principle in international humanitarian law can provide effective protection against combatants and civilians in a modern armed conflict and contribute to the protection of victims of internal conflicts in Indonesia. It is very important to find the concept of the protection of victims of internal conflict in Indonesia. This research uses a normative, and the research also applies a descriptive-analytical approach to examine and analyze the research questions of the thesis. In doing so, this research uses a secondary data, these legal materials are subsequently analyzed using a qualitative juridical approach. The results showed that the existence of distinction principle at the level of concepts and implementations provide less effective protection against combatants and civilians in modern armed conflict. And the contribution of distinction principle to the protection of victims of internal conflicts in Indonesia is able to strengthen the concept of “sishankamrata” and national legislation. Keywords: armed conflict, distinction principle, protection of victim.

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International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

Pakistan Journal of Humanities and Social Sciences ◽

10.52131/pjhss.2018.0601.0032 ◽

2018 ◽

Vol 6 (1) ◽

pp. 44-58

Author(s):

Sardar M. A. Waqar Khan Arif

Keyword(s):

Human Rights ◽

Armed Conflict ◽

Legal Framework ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human ◽

The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

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Procedural Right to Life Obligations

10.1093/oso/9780198821380.003.0003 ◽

2018 ◽

Author(s):

Ian Park

Keyword(s):

Human Rights ◽

Armed Conflict ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

Right To Life ◽

International Human Rights ◽

Similarities And Differences ◽

International Human

A state’s procedural right to life obligations relate to the circumstances in which a state must conduct an investigation following a death. Procedural right to life obligations also extend to how and when the investigation is conducted, and by whom. This chapter explores these issues in detail and advances a hypothesis in respect of what amounts to a human rights law-compliant investigation that would satisfy a state’s procedural right to life obligations during armed conflict. It also considers the similarities and differences between the requirement to investigate a death pursuant to international humanitarian law and that pursuant to international human rights law.

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Use of Deadly Force by Peacekeepers When Carrying out Law Enforcement Operations

Proceedings of the ASIL Annual Meeting ◽

10.1017/amp.2019.13 ◽

2018 ◽

Vol 112 ◽

pp. 111-114

Author(s):

Siobhán Wills

Keyword(s):

Law Enforcement ◽

United Nations ◽

Armed Conflict ◽

Use Of Force ◽

Deadly Force ◽

International Humanitarian Law ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

The United Nations

In this Article, I argue that there is inconsistency and confusion at the heart of UN policy on use of deadly force by peacekeepers and that this lack of clarity has resulted in deaths and injuries to people that pose no threat to UN forces or anybody else and have not engaged in any violent activities or indeed in any type of crime. Such deaths and injuries are likely to recur if the United Nations continues to use the same rules of engagement for law enforcement operations as it does for operations aimed at curtailing violence by parties to an armed conflict. The problem would be greatly mitigated if the United Nations were to formally commit to applying customary international human rights law standards on use of force in all circumstances except those to which international humanitarian law applies.

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Commission I: War victims and respect for international humanitarian law

International Review of the Red Cross ◽

10.1017/s0020860400073344 ◽

1996 ◽

Vol 36 (310) ◽

pp. 36-42

Keyword(s):

New York ◽

United Nations ◽

International Law ◽

Armed Conflict ◽

Armed Conflicts ◽

International Humanitarian Law ◽

Humanitarian Law ◽

International Conference ◽

War Victims

Commission I, which was chaired by H.E. Ambassador Hisashi Owada, Permanent Representative of Japan to the United Nations in New York, had two main items on its agenda: discussion of the follow-up to the 1993 International Conference for the Protection of War Victims held in Geneva and action to be taken in that regard by the 26th International Conference, and examination of a number of humanitarian issues relating to the protection of the civilian population in times of armed conflict. The Commission also took note of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea.

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