scholarly journals TANGGUNG JAWAB NEGARA ATAS DIGUNAKANNYA SENJATA SPACE-BASED MISSILE INTERCEPTOR SEBAGAI BENTUK UPAYA SELF-DEFENSE DARI NEGARA PENYERANG TERHADAP NEGARA PIHAK KETIGA DITINJAU DARI HUKUM INTERNASIONAL

2022 ◽  
Vol 4 (1) ◽  
pp. 100-126
Author(s):  
Virajati Adhazar ◽  
Suhaidi Suhaidi ◽  
Sutiarnoto Sutiarnoto ◽  
Jelly Leviza
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
State Accountability ◽  
Legal Provisions ◽  
Self Defense ◽  
Compensation Process ◽  
Outer Space Treaty

Self-defense as an inherent right owned by a country is regulated in Article 51 of the UN Charter and due to the use of Space-Based Missile Interceptor (SBMI) weapons in space, the 1967 outer space treaty must also be guided. Because Article 4 of the 1967 Outer Space Treaty prohibits the use of weapons in space, the legality of using SBMI weapons is questionable. Therefore, this study was conducted to determine the legal provisions, forms of state accountability and the process of prosecuting compensation for countries using these weapons according to international law. The results of the study indicate that the use of SBMI weapons does not conflict with international law, because it is based on Article 103 of the UN Charter which states that if there are provisions in other legal rules that are contrary to the UN Charter, the UN Charter must be guided. So that self-defense actions based on Article 51 of the UN Charter do not violate the law. The party that must be absolutely responsible is the country that started the conflict, because it has violated the rules of international law in Article 2 paragraph (4) of the UN Charter and international humanitarian law. The compensation process is carried out according to the rules of the space liability convention 1972 and if in practice the party who is responsible does not show good faith in providing compensation, then it can be continued by referring to the dispute resolution process in the UN Charter.

(Un-)bedingte Gleichheit nichtstaatlicher Gewaltakteure im Völkerrecht

2020 ◽  
Author(s):  
Jonas Finke
Keyword(s):  
Civil War ◽  
International Law ◽  
Private Security ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Public International Law ◽  
Private Security Companies ◽  
Self Defense ◽  
State Actors ◽  
Security Companies

This analysis takes all relevant violent non-state actors into consideration instead of restricting the examination to just one. It takes a comparative angle to discuss whether terrorists, pirates, private security companies and civil war parties are treated coherently under public international law. Are civil war parties and private security companies treated similarly under international humanitarian law? How is the state’s right of self-defense affected if the aggressors are terrorists? What is the rationale behind the criminalisation of piracy? It concludes that all non-state actors should be subject to the same rules and regulations whenever they are engaged in military action with states. Whenever the objective is to vanquish a group of actors completely, a different treatment is warranted.

scholarly journals Armed Conflicts in Outer Space

2020 ◽  
Vol 7 (1) ◽  
pp. 335-357
Author(s):  
Juan Felipe Idrovo Romo
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Outer Space ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Dual Use ◽  
Public International Law ◽  
Unique Nature ◽  
Rules And Principles

The paper critically explores those scenarios (hypothetical, but probable) in which armed conflicts take place in outer space. First, the problem regarding the definition and delimitation of outer space will be analyzed. In this regard, the reasons why there is no consensus among the States, and even within the scientific community, will be explained. Subsequently, the relevant branches (for the topic) of Public International Law will be introduced (International Space Law, International Humanitarian Law, and Ius ad Bellum) and their key regulations will be identified. At this point, the main reasons why International Humanitarian Law shall be applied in the event that an armed conflict develops in outer space will be explained taking into account PIL formal and auxiliary sources. Likewise, specific challenges, that result from the application of International Humanitarian Law in outer space, will be exposed and analyzed. These challenges include: (i) attacks on dual-use objects; (ii) the obligations of the parties to the conflict when there is human direct or physical participation; and (iii) the applicable regulations for the development and use of new weapons. For each problem raised, possible solutions based on the rules and principles of current law will be provided. Finally, the need for the eventual creation of a specific treaty to regulate the matter will be emphasized, in view of the unique nature of this type of conflict.

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.

International Humanitarian Law and Its Application in Outer Space

2020 ◽  
pp. 23-54
Author(s):  
Cassandra Steer ◽  
Dale Stephens
Keyword(s):  
International Law ◽  
Outer Space ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Core

International humanitarian law (IHL) is applicable in outer space as a matter of international law, yet there are some challenges when it comes to specific principles and rules. The kinds of weapons that have been and might be used in space are discussed, as well as the ways in which space assets are used with respect to conflicts on Earth. An analysis then follows of the core principles of IHL and how they apply in space: the principles of distinction, proportionality, and precaution in attack. While it is imperative that States recognize the applicability of IHL to all their activities in space that involve conflicts on Earth and/or in space, care must be taken in weighing the traditional principles and their application to this new domain. As the technology that increases warfighting capability advances, so does the imperative to understand the applicable legal framework for the use of such technology.

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.

Military Professionalism and Humanitarian Law

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Humanitarian Law ◽  
New Paradigm ◽  
The Core ◽  
Humanitarian Mission ◽  
Self Defense ◽  
Professional Perspective ◽  
The Law ◽  
Preemptive Strike ◽  
Military Professionalism

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

“Be Karbala Miravim!”

2017 ◽  
Author(s):  
Anicée Van Engeland
Keyword(s):  
At Risk ◽  
International Law ◽  
Hybrid System ◽  
Legal System ◽  
Iraq War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Standards ◽  
Domestic Law

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.

Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442
Keyword(s):  
European Union ◽  
International Law ◽  
West Bank ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Purchasing Decisions ◽  
Ethical Considerations ◽  
Occupied Territories ◽  
East Jerusalem

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

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