scholarly journals الحماية الدستورية والادارية للبيئة من التلوث

2020 ◽  
Vol 1 (2) ◽  
pp. 85-95
Author(s):  
انتصار خلف ◽  
رائد خضر
Keyword(s):  
International Law ◽  
Technological Progress ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Right ◽  
Constitutional Principle ◽  
Domestic Legislation ◽  
Sound Environment ◽  
The Subject ◽  
The One

Based on the constitutional principle contained in most constitutions of the world on the human right to live in a clean and sound environment, the protection of the environment from pollution has become a goal of all countries in their domestic legislation through the adoption of texts and sanctions deterrent to protect the environment from any pollution and no longer This protection is limited to the rules of internal law, but has become a target sought by the rules of international law and to link this protection of the basic human rights sought by the rules of international humanitarian law, especially as our societies are witnessing technological progress in all areas of life, Led to this development is accompanied by a contaminated environment portends risks of dire consequences on human health and the prosperity and progress of society.But the interesting thing in our time is that modern man builds on the one hand and destroys in terms of not feeling on the other hand, making machinery and advanced equipment and erecting giant factories, while at the same time deleting years from the agenda of his life and bringing his end to his hand while dreaming of more life and rest And this is the basis for the protection of the environment is a matter of life or death, which necessitated the need for legal means to ensure the protection of the environment from pollution, and this is discussed in our research through the study and analysis of legal texts on the protection of the environment through the approved by the Iraqi Constitution of 2005 in force and Law of the improvement of the Iraqi environment No. (27) for the year 2009 in force, and other legal legislation that dealt with the subject above.

scholarly journals International Administration of Territories and the Dilemma of Accountability

2017 ◽  
Vol 14 (1) ◽  
pp. 147
Author(s):  
Mohammad Yacoub ◽  
Mohamed Shawki ◽  
Mohe eldin Kasem ◽  
Abdeen Abd Elhamid
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
East Timor ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Right ◽  
The Rule Of Law ◽  
International Body ◽  
Legal Restrictions ◽  
The Cold War

Two decades post the Cold-War; the World has witnessed a systematic revival of a practice long thought to be extinct- territory administration via an international body to act as a government for running the state/territory. The most prominent examples were the United Mission in Kosovo (UNMIK) and the United Nations Transitional Administration in East Timor (UNTAET).Various criticisms were directed to the International Administrations of Territories; the most prominent was mandating this Administration Authority complete power in running the Legislative, Executive and Judiciary authorities where its decisions are not being subject to monitoring or accountability. Yet, such decisions were mostly in violation of the International law which undermined the core principles of democratic governments, the rule of law and human rights as being the corner stones of International peace and security.This study aims at analyzing the legitimacy of forming international administrations as well as scrutinizing the legal restrictions and commitments thereof. The ramifications of any violations of such restrictions and commitments (The International Human Right Law and The International Humanitarian Law) should be holding these administrations and its members accountable internationally.

Ten questions to Philip Spoerri, ICRC Director for International Law and Cooperation

2012 ◽  
Vol 94 (887) ◽  
pp. 1125-1134 ◽  
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Republic Of The Congo ◽  
The One

With the globalisation of market economies, business has become an increasingly prominent actor in international relations. It is also increasingly present in situations of armed conflict. On the one hand, companies operating in volatile environments are exposed to violence and the consequences of armed conflicts. On the other hand, some of their conduct in armed conflict may lead to violations of the law.The International Committee of the Red Cross (ICRC) engages with the private sector on humanitarian issues, with the aim of ensuring compliance or clarifying the obligations that business actors have under international humanitarian law (IHL) and encouraging them to comply with the commitments they have undertaken under various international initiatives to respect IHL and human rights law.In times of conflict, IHL spells out certain responsibilities and rights for all parties involved. Knowledge of the relevant rules of IHL is therefore critical for local and international businesses operating in volatile contexts. In this Q&A section, Philip Spoerri, ICRC Director for International Law and Cooperation, gives an overview of the rules applicable to business actors in situations of conflict, and discusses some of the ICRC's engagement with business actors.Philip Spoerri began his career with the ICRC in 1994. Following a first assignment in Israel and the occupied and autonomous territories, he went on to be based in Kuwait, Yemen, Afghanistan, and the Democratic Republic of the Congo. In Geneva, he headed the legal advisers to the Department of Operations. He returned to Afghanistan as head of the ICRC delegation there from 2004 to 2006, when he took up his current position. Before joining the ICRC, he worked as a lawyer in a private firm in Munich. He holds a PhD in law from Bielefeld University and has also studied at the universities of Göttingen, Geneva, and Munich.

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.

Compromise or Commitment: Human Rights and International Humanitarian Law Obligations for UN Peace Forces

1998 ◽  
Vol 11 (2) ◽  
pp. 229-245
Author(s):  
Marten Zwanenburg
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The One

Allegations of human rights and humanitarian law violations by UN forces have highlighted the need for more clarity in this area. This requires a focus on human rights and humanitarian norms applicable to UN forces, and the question of responsibility for violations of those norms. To a large extent, these questions concern the relations between the UN, national contingents, and troop contributing states. What are their respective rights and obligations? In this paper it is submitted that the answer given to this question under international law differs from the one given in the specific legal framework and practice of UN forces.

scholarly journals The principles of international humanitarian law (III)

1966 ◽  
Vol 6 (68) ◽  
pp. 567-581 ◽  
Author(s):  
Jean Pictet
Keyword(s):  
International Law ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Economic Sphere ◽  
The Status ◽  
The Hague ◽  
The One

The word “neuter” comes from the Latin ne-uter, which means, neither the one, nor the other. Neutrality is an essentially neutral notion. It qualifies above all the abstention of someone who remains outside a conflict who does not openly express an opinion of either side.In international law, neutrality is the opposite of belligerency. It is the position adopted, in relation to two Powers at war, by a State not taking part in the struggle. The status of neutrality regulated by juridical rules and in particular by the Hague Conventions involves rights and duties. In short, it implies refraining from taking part officially, either directly or indirectly, in hostilities. In the first place, therefore, it is a concept of an essentially military character. However, as a result of a recent evolution in events and thought, some people tend to think that neutrality should also have effect in the economic sphere, in view of its importance today in the war potential of countries.

scholarly journals The Just War Theory and Human Rights Violations: What Does International Law Tell?

2019 ◽  
Vol IV (I) ◽  
pp. 1-6
Author(s):  
Asghar Ali ◽  
Nazim Rahim ◽  
Syed Mussawar Hussain Bukhari
Keyword(s):  
Human Rights ◽  
International Law ◽  
Just War ◽  
Just War Theory ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Equal Rights ◽  
War And Peace ◽  
The Subject ◽  
Principle Of Proportionality

War and Peace are the two important topics of international law. Both the terms, despite polar apart in their nature are the subject matter of international law. As war is inevitable and cannot be reduced to zero; hence, international law tries to lay rules for the justification of war and its conduct. However, a just war becomes unjust when it causes disproportional civilian casualties. Humans become the target of war, whether just or unjust. On one hand, the UN Charter gives equal rights to all the humans without any discrimination and on the other hand, it considers the declaration of a just war as a prerogative of the UN Security Council only. However, states take unilateral actions and violate both the principle of proportionality and fundamental human rights. This analytical study discusses the Just War Theory and its impacts on fundamental human rights, in light of the international humanitarian law

3 Scope of Application of International Humanitarian Law

2021 ◽  
Author(s):  
Kleffner Jann K
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Scope Of Application ◽  
The Law ◽  
Humanitarian Values ◽  
The One

This chapter addresses the scope of application of international humanitarian law. International humanitarian law regulates, and as a rule applies in times of, armed conflicts. Accordingly, it is also referred to as the law of armed conflict or jus in bello. The three interchangeable terms denote the only branch of public international law that is specifically designed to strike a balance during armed conflicts between preserving humanitarian values, on the one hand, and considerations of military necessity, on the other by protecting those who do not or no longer directly participate in hostilities and by limiting the right of parties to the conflict to use armed force only to the amount necessary to achieve the aim of the conflict, which is to weaken the military potential of the enemy. While international humanitarian law specifically regulates situations of armed conflicts, it does not automatically supersede all other areas of public international law in the event of an armed conflict. The chapter then focuses on the law enforcement aspects, the continued relevance of rules of international law of peace during armed conflict, and the relevance of humanitarian law in peacetime and post-conflict military operations.

The Recruitment and use of Mercenaries in Armed Conflicts

1978 ◽  
Vol 72 (1) ◽  
pp. 37-56 ◽  
Author(s):  
H. C. Burmester
Keyword(s):  
Civil Wars ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
Public Attention ◽  
Legal Rules ◽  
Domestic Legislation ◽  
The Status ◽  
The Subject

Recent events in Angola and Rhodesia have drawn public attention to the problems which arise from the use of mercenaries in armed conflicts and civil wars. Renewed interest in the subject has also been shown by international bodies and conferences, including the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, which recently adopted a treaty article on the status of mercenaries. This article examines the international legal rules applicable to states in relation to the recruitment and organizing of mercenary forces, the appropriate domestic legislation to give effect to such rules, and the status to be accorded mercenaries for the purposes of the laws of war.

scholarly journals The North and South Divide in the Practice and Application of International Law: A Humanitarian and Human Right Law Perspective

2018 ◽  
Vol 11 (1) ◽  
pp. 79 ◽  
Author(s):  
Abdul Hamid Kwarteng ◽  
Thomas Prehi Botchway
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Humanitarian Law ◽  
Human Right ◽  
Environmental Laws ◽  
Syrian Crisis ◽  
The North ◽  
Draft Resolution ◽  
The One ◽  
North And South

The North and South divide in the practice and application of international laws have been previously perceived to be evident in international environmental law where the Global developed North countries on the one hand advocate for a collective action to protect the environment while the Global developing Southern countries, on the other hand, argue for social and economic justice in practice. However, in recent times the North and South divide has permeated other aspects of international law such as International Human right and International Humanitarian law (IHL), hence the essence of this article. Thus, this article contributes to the existing literature by providing evidence to the existence of the North and South divide in the application of IHL and human right law.The article is divided into four main parts. The first part gives an introduction to the North and South divide in the application of international law. The second part reviews the literature on the existence of North and South divide in the application of international environmental laws. The third part gives a new dimension to the North and South divide in the application of international humanitarian and human right laws with the Syrian Crisis, Malaysian Airline flight MH17 and the 2007 draft resolution on the peace and security of Myanmar as the case studies. The last part concludes by giving an overview of how this phenomenon threatens world peace and consequently offers some recommendations.

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.

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