scholarly journals Rethinking the Issue of Non-Compensability of Civilian Losses Caused by Security Forces During Non-International Armed Conflicts: The Case of the Marawi Crisis in the Philippines

2018 ◽  
Vol 26 (1) ◽  
pp. 7
Author(s):  
Norhabib Bin Suod Sumndad Barodi
Keyword(s):  
International Law ◽  
Final Analysis ◽  
The Philippines ◽  
Armed Conflicts ◽  
Security Forces ◽  
Property Losses ◽  
Legal Contexts ◽  
Philippine Government ◽  
Ultimate Objective ◽  
Domestic Law

The terrorism element attendant in an armed conflict does not alter its destructive nature vis-à-vis civilian properties. One example is the Marawi crisis where the Philippine security forces, in response to the threat to national security, territorial integrity, and sovereignty, resorted to aerial bombings and shelling of private buildings, residential houses, and masajid infiltrated by local terrorists, resulting in the destruction of these civilian properties. This article addresses the issue of non-compensability of these civilian property losses. Arguments in favour of and against non-compensability are presented against the backdrop of the concept of reparations in both international law and Philippine domestic law. Based on existing legal realities in Philippine domestic law and jurisprudence, this article finds that reparations in the form of compensation in the context of the Marawi crisis may not be imposed upon the Philippine government as a legal obligation. However, Philippine domestic law and jurisprudence likewise provides for sufficient grounds that reparations in the form of compensation has become the moral obligation of the Philippine government, which it must pursue in the name of justice under a regime of rule of law. Yet ironically, while justice especially during the transition is the ultimate objective of reparations both in its moral and legal contexts, it is only in the latter context that reparations may be pursued judicially. In the final analysis, the non-compensability issue, though a legal one, is a question of choice on the part of the Philippine government.

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts: An inquiry into the governing legal regime

2014 ◽  
Vol 96 (895-896) ◽  
pp. 1195-1224 ◽  
Author(s):  
Ezequiel Heffes ◽  
Marcos D. Kotlik
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Decision Making Process ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Regime ◽  
Geneva Conventions ◽  
Domestic Law

AbstractCommon Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way that is consistent with the principle of equality of belligerents. This provides incentives for armed groups to respect the IHL rules they have themselves negotiated. However, even upon the conclusion of such agreements, it remains unclear which legal regime governs them. This paper will argue that special agreements are governed by international law instead of domestic law or asui generislegal regime.

The plight of indigenous peoples within the context of conflict mediation, peace talks and human rights in Mindanao, the Philippines

Thesis Eleven ◽  
2018 ◽  
Vol 145 (1) ◽  
pp. 28-37 ◽  
Author(s):  
Sedfrey M. Candelaria
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The Philippines ◽  
Armed Conflicts ◽  
Peace Processes ◽  
Rebel Groups ◽  
Peace Agreements ◽  
Peace Initiatives ◽  
Strategic Role ◽  
Philippine Government

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 (IPRA) was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups for some time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines.

Sex as a Protected Ground in International and Domestic Law

2021 ◽  
Vol 4 (3-4) ◽  
pp. 1-124
Author(s):  
Christine Forster ◽  
Vedna Jivan
Keyword(s):  
International Law ◽  
Sex Discrimination ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Research Perspectives ◽  
Evolution And Development ◽  
Legal Contexts ◽  
Domestic Law

Abstract This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses sex as a protected ground in international and domestic law. It compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution and development of sex discrimination protection in international human rights law in three treaty-bodies – the CEDAW Committee, the HRC and the CESCR. Secondly, it then takes up the evolution and development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, the development of sex discrimination protection in international law is compared with the development of sex discrimination protection in the domestic legal contexts of the three country examples, with the implications of that comparison analysed. This volume seeks to show that despite differences in the way that international approaches to sex discrimination are translated into domestic law and differences in social, political and cultural contexts women face similar limitations in accessing justice through sex discrimination frameworks.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

Complex Battlespaces

2018 ◽  
Keyword(s):  
International Law ◽  
New Technologies ◽  
Urban Environments ◽  
Armed Conflicts ◽  
Unmanned Aerial Systems ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Modern Warfare ◽  
Aerial Systems

The conduct of warfare is constantly shaped by forces beyond the battlefield. These forces create complexities in the battlespace for military operations. The ever-changing nature of how and where wars are fought creates challenges for the application of the unchanging body of international law that regulates armed conflicts. The term “complex” is often used to describe modern warfare, but what makes modern warfare complex? Is it the increasingly urbanized battlefield where wars are fought, which is cluttered with civilians and civilian objects? Is it the rise of State-like organized armed groups that leverage the governance vacuum created by failed or failing States? Is it the introduction of new technologies to military operations like autonomous weapons, cyber capabilities, and unmanned aerial systems? Or is it the application of multiple legal regimes to a single conflict? Collectively, these questions formed the basis for the Complex Battlespaces Workshop in which legal scholars and experts from the field of practice came together to discuss these complexities. During the workshop, there was a general consensus that the existing law was sufficient to regulate modern warfare. The challenge, however, arises in application of the law to new technologies, military operations in urban environments, and other issues related to applying international human rights law and international humanitarian law to non-international armed conflicts. This inaugural volume of the Lieber Book Series seeks to address many of the complexities that arise during the application of international law to modern warfare.

India

2018 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Final Analysis ◽  
Case Law ◽  
Social Model ◽  
Disability Rights ◽  
Appellate Courts ◽  
Persons With Disabilities ◽  
High Courts ◽  
The Supreme Court ◽  
Domestic Law

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

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