scholarly journals TELAAH KEJAHATAN KEMANUSIAAN TERHADAP ETNIS ROHINGYA BERDASARKAN HUKUM INTERNASIONAL

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Good Faith ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World Community ◽  
The World ◽  
High Level

International law is a law whose enforcement depends on the good faith of the countries thatare members of the world community. It can only be imposed if the state does not have thepower of lobbying in international relations. The proof of many countries that violate the lawof intrenasional but has a strong ally then he is detached from the bondage of internationallaw itself. International humanitarian law has been in existence since the formation of theUnited Nations but its implementation has been dulled by the high-level lobby of the UNSecurity Council. Crimes against ethnic Rohingya should be prosecuted in the InternationalCriminal Court (ICC) because there are already elements of violations in the Rome Statute1998.

The development of new anti-personnel weapons

1990 ◽  
Vol 30 (279) ◽  
pp. 565-577 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Gérald C. Cauderay
Keyword(s):  
International Law ◽  
The State ◽  
Good Faith ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
New Developments ◽  
Additional Protocol ◽  
Study Development

Article 36 of Additional Protocol I of 1977 states that:“In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party”.The provision is not new law, but codifies the customary law duty of implementing a treaty or customary rule in good faith. Article 36 does, however, draw attention to the fact that new developments in weapons are quietly going on, and that care must be taken, before their deployment, that their use in some or all circumstances does not violate international humanitarian law. Although the duty to determine in advance the legality of the use of new weapons lies with the State developing them, other States have a legal interest in ensuring that this is done.

The Year in Review

1999 ◽  
Vol 2 ◽  
pp. 213-253
Author(s):  
Avril McDonald
Keyword(s):  
International Law ◽  
Hague Convention ◽  
The State ◽  
International Humanitarian Law ◽  
Past Century ◽  
Humanitarian Law ◽  
The Past ◽  
Geneva Conventions ◽  
The World ◽  
The Law

Nineteen ninety-nine was a year of taking stock. For humanitarian lawyers, this was facilitated by the fact that it was a year of anniversaries. As well as being the final year of the decade of international law, it was also the centenary of the first Hague peace conference and the first Hague Convention and the fiftieth anniversary of the 1949 Geneva Conventions, providing ample occasion for reflection on the successes and failures of this branch of international law over the past century. The tone of the various commemorative meetings was chastened rather than celebratory. As one commentator noted: ‘At the end of a century which has seen so much of war and in which the laws of war have proven so comparatively ineffectual, it seems obvious that that law must be seen as deficient and the record of the last hundred years be adjudged one of failure rather than achievement. (…) Yet the principle conclusion is not that the world needs new law, or different law, but that the law which we have needs to be made more effective.’The major developments in international humanitarian law have closely tracked a century that has seen society and the nature and aims of warfare change dramatically. Developments in the law have been reactive rather than anticipatory and have built on a model that was designed in response to imperatives that were different than those faced today and those that will be faced in the future. The time has long since passed in many countries when the state has a monopoly on violence. Entire societies have been militarised, and in many areas war has been ‘privatised’ as ‘mercenaries, rebels, mutinous gangsters emerge to exploit the decline of the state’.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

scholarly journals Do attackers have a legal duty of care? Limits to the ‘individualization of war’

2019 ◽  
Vol 11 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Janina Dill
Keyword(s):  
International Relations ◽  
The State ◽  
Point Of View ◽  
International Humanitarian Law ◽  
Duty Of Care ◽  
Humanitarian Law ◽  
Moral Value ◽  
Legal Situation ◽  
Legal Duty ◽  
The Individual

AbstractDoes International Humanitarian Law (IHL) impose a duty of care on the attacker? From a moral point of view, should it? This article argues that the legal situation is contestable, and the moral value of a legal duty of care in attack is ambivalent. This is because a duty of care is both a condition for and an obstacle to the ‘individualization of war’. The individualization of war denotes an observable multi-dimensional norm shift in international relations. Norms for the regulation of war that focus on the interests, rights, and duties of the individual have gained in importance compared to those that focus on the interests, rights, and duties of the state. As the individual, not the state, is the ultimate locus of moral value, this norm shift in international relations, and the corresponding developments in international law, are morally desirable. When it comes to IHL, the goal of protecting the interests of the individual creates strong reasons both for and against imposing a legal duty of care on the attacker. The enquiry into whether IHL does and should impose a legal duty of care therefore reveals that the extent to which war can be individualized is limited.

An Exercise in the Development of International Law: The New ICRC Study on Customary International Humanitarian Law

2005 ◽  
Vol 6 (9) ◽  
pp. 1217-1242 ◽  
Author(s):  
Malcolm MacLaren ◽  
Felix Schwendimann
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Conference ◽  
High Level

On 17 March 2005, the President of the International Committee of the Red Cross (ICRC), Jakob Kellenberger, presented a study (hereinafter “the Study”) of customary international humanitarian law (IHL). A decade earlier, the International Conference of the Red Cross and Red Crescent had mandated the ICRC to “prepare […] a report on customary rules of IHL applicable in international [IAC] and non-international armed conflicts [NIAC], and to circulate the report to States and competent international bodies.” The Study's objective was to capture a “photograph” of the existing, hitherto unwritten rules that make up customary IHL. Comprehensive, high-level research into customary IHL followed; the end result of which is undeniably a remarkable feat and a significant contribution to scholarship and debate in this area of international law.

scholarly journals To the 110th anniversary of the Second Hague Peace Conference

2017 ◽  
pp. 84-90
Author(s):  
S. I. Chernyavskiy
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
International Peace ◽  
World Community ◽  
Peaceful Settlement ◽  
General Rules ◽  
The World ◽  
The Hague ◽  
Second International

One hundred and ten years ago, at the initiative of Russia, the Second International Peace Conference was held in The Hague. It adopted 10 conventions on the laws and customs of war that laid the foundation for the system of international humanitarian law. It became a logical continuation of the 1899 conference, also convened at the initiative of Russia, which established general rules for the peaceful settlement of clashes between the powers, as well as a number of resolutions and «wishes» for conducting military operations. The article analyzes the reasons for convening these international forums and their significance for the world community.

scholarly journals Monetary Theory of the Genesis of the State, Prospects for Electronic Money and Transnational Law

2021 ◽  
Vol 10 ◽  
pp. 636-647
Author(s):  
Daniyar Sarsembayev ◽  
Keyword(s):  
International Law ◽  
Public Procurement ◽  
The State ◽  
Economic Crime ◽  
Electronic Money ◽  
World Community ◽  
Monetary System ◽  
The World ◽  
Digital Money ◽  
The Moment

This article is an attempt to explain a new way of the cause of the emergence of the state with simultaneous consideration of previously known theories in legal science. Several arguments are presented in favor of the new theory, which, in the author's opinion, are sufficiently valid. The author analyzes the dynamics of the development of the causes of the emergence of state and law and its influence on the transformation of the latest civilizations, which took place in history. Based on the historical chronology of the emergence and functioning of money, the author conventionally differs three stages in its development: 1) the period of the gold standard or a chronic shortage of monetary liquidity; 2) the period of paper money and inflationary pressure; 3) the digital money period. The author upholds a new position regarding the essence of international law, believing that international law is not a separate system of law, but only the result of the evolution of law from national to international, which became possible thanks to the development of the institution of money. The author shares his thoughts on the true reason for justifying the state's right to war in international law a while back, expressed in a persistent shortage of monetary liquidity, which took place from the moment the first civilizations appeared until the 20th century. This article establishes a projection for the further development of state and law, including international law, alongside the inevitable transition of the world community to the digital money supply. The article reveals not only the vision of the new monetary system, its absolute transparency, and clarity but also the various opportunities we face in such a transition. In this regard, the states and the world community will come to clear and effective outcomes in management, to the practical abolition of corruption and economic crime, to legal methods of conducting all competitions and public procurement, to fair and effective justice, and the establishment of highly moral relations in society.

The Status of Agents on Special Mission in Customary International Law

1979 ◽  
Vol 16 ◽  
pp. 157-196 ◽  
Author(s):  
Michael H. Ryan
Keyword(s):  
International Relations ◽  
International Law ◽  
Political Representation ◽  
Customary International Law ◽  
Rapid Succession ◽  
The World ◽  
The Status ◽  
High Level ◽  
Scientific Questions ◽  
Conferences And Congresses

As international relations grow in their scope and intensity, it is not surprising to find the traditional modes of diplomatie intercourse, centred around the permanent mission, giving way in many spheres to new forms of contact among nations that are more adapted to the exigencies of modem statecraft. Rapid communications and transportation have rendered superfluous or obsolete many of the functions which historically have been the preserve of the sedentary diplomat. Summit meetings, high level talks, and “shuttle diplomacy” provide a more direct and immediate means of communication which is resorted to with increasing frequency in a time when the world seems confronted with a rapid succession of crises. Moreover, the permanent mission, which evolved at a time when diplomacy was concerned primarily with the maintenance of political representation in foreign capitals, is not always well suited as an agency for participation in international conferences and congresses or negotiations on highly technical or scientific questions. These are matters which in recent years have become of increasing importance in the conduct of international relations.

National Implementation Measures of International Humanitarian Law: Some Practical Aspects

1998 ◽  
Vol 1 ◽  
pp. 245-261 ◽  
Author(s):  
María Teresa Dutli
Keyword(s):  
International Law ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Modern Development ◽  
National Implementation ◽  
The World

From one perspective, the modern development of international humanitarian law has been a remarkable success. Its rules are among the most detailed and extensive of international law. Its principal treaties enjoy almost universal acceptance. For the other side of the picture, one has only to look at what is happening in most recent armed conflicts to realize that serious violations of humanitarian law are rife all over the world. This leads to the conclusion that it iscompliance— respect for the rules — which is the major challenge facing humanitarian law today rather than its very existence or the adequacy of its provisions.

The Application of Soviet Laws and the Exception of Public Order

1927 ◽  
Vol 21 (2) ◽  
pp. 238-256 ◽  
Author(s):  
Max Habicht
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Public Order ◽  
Private International Law ◽  
World War ◽  
The World ◽  
Uniform Solution ◽  
The Law

One of the most controversial rules of private international law is the exception of public order, the rule not to enforce foreign laws which are contrary to the fundamental conceptions of the law of the state having jurisdiction. There is no country in which this exception has not played an important rôle in the refusal to enforce foreign laws, and numerous writers have discussed the importance and difficulties of the exception of public order. Its problems had been thoroughly studied before the World War by many authorities on private international law, among others by Bustamante, Fiore, Kahn, Klein and Pillet, without a uniform solution having been reached. When, after the war, the states began to reestablish their international relations, the exception of public order began anew to play its rôle in the courts the world over, and to put the same difficulties before the judges dealing with cases of conflict between domestic and foreign laws.

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