scholarly journals Operationalizing International Humanitarian Law: A Decision-Making Process Model for Assessing State Practice

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Matthew T. Zommer
Keyword(s):  
Decision Making ◽  
Process Model ◽  
International Humanitarian Law ◽  
Decision Making Process ◽  
Humanitarian Law ◽  
State Practice

The EU Guidelines on Promoting Compliance with International Humanitarian Law

2009 ◽  
Vol 78 (4) ◽  
pp. 541-552 ◽  
Author(s):  
Pål Wrange
Keyword(s):  
Decision Making ◽  
European Union ◽  
International Humanitarian Law ◽  
Decision Making Process ◽  
Humanitarian Law ◽  
The European Union ◽  
Member States ◽  
The Eu

AbstractIn 2005, the European Union (EU) adopted Guidelines on Promoting Compliance with International Humanitarian Law(IHL). The Guidelines are designed to be implemented by any officer in the foreign services of the EU, including its member states. After outlining the main features of IHL, the Guidelines have provisions on the decision-making process and on possible action to take. The Guidelines, which have been quite widely implemented according toa survey, should be an important tool in keeping IHL issues on the EU's agenda.

scholarly journals A Simulation of Crowd Behavior with Decision Making Process Model

2017 ◽  
Vol 32 (5) ◽  
pp. AG16-H_1-11
Author(s):  
Noriaki Nishikawa ◽  
Yuichi Hirokawa ◽  
Takeshi Yamada ◽  
Junji Innami ◽  
Toshiyuki Asano
Keyword(s):  
Decision Making ◽  
Process Model ◽  
Decision Making Process ◽  
Crowd Behavior

Due Diligence in International Humanitarian Law

2020 ◽  
pp. 183-199
Author(s):  
Marco Longobardo
Keyword(s):  
International Law ◽  
Case Law ◽  
International Humanitarian Law ◽  
Due Diligence ◽  
Humanitarian Law ◽  
Occupied Territory ◽  
State Practice ◽  
Relevant Case

This chapter assesses due diligence in international humanitarian law. It identifies international humanitarian law rules governed by due diligence in the fields of the duty to ensure respect for international humanitarian law, the conduct of hostilities, the protection of civilians and persons hors de combat, and the administration of occupied territory. It is argued that international humanitarian law embodies both obligations of result (for instance, negative obligations) and obligations of diligent conduct. In order to identify the obligations of diligent conduct, the chapter relies on state practice and relevant case law, as well as on textual indications embodied in the relevant international humanitarian law provisions. Finally, the chapter argues that the inclusion of some due diligence obligations in international humanitarian law strengthens states’ implementation of this branch of international law.

scholarly journals The Rule of Surrender in International Humanitarian Law

2018 ◽  
Vol 51 (1) ◽  
pp. 3-27 ◽  
Author(s):  
Russell Buchan
Keyword(s):  
Armed Conflict ◽  
Careful Examination ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Law Of War ◽  
Legal Development ◽  
Military Necessity ◽  
Opposing Force ◽  
State Practice

Under international humanitarian law it is prohibited to make the object of attack a person who has surrendered. This article explores the circumstances in which the act of surrender is effective under international humanitarian law and examines, in particular, how surrender can be achieved in practical terms during land warfare in the context of international and non-international armed conflict. First, the article situates surrender within its broader historical and theoretical setting, tracing its legal development as a rule of conventional and customary international humanitarian law and arguing that its crystallisation as a law of war derives from the lack of military necessity to directly target persons who have placed themselves outside the theatre of armed conflict, and that such conduct is unacceptable from a humanitarian perspective. Second, after a careful examination of state practice, the article proposes a three-stage test for determining whether persons have surrendered under international humanitarian law: (1) Have persons attempting to surrender engaged in a positive act which clearly reveals that they no longer intend to participate in hostilities? (2) Is it reasonable in the circumstances prevailing at the time for the opposing force to discern the offer of surrender? and (3) Have surrendered persons unconditionally submitted to the authority of their captor?

3 Components of the International Law of Weaponry

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
Traditional Approach ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Status ◽  
General Principles Of Law ◽  
The Law

This chapter considers the sources of the law of weaponry and discusses matters critical to understanding it. Taking the traditional approach, in addition to general principles of law recognized by nations, the sources of the law consist of customary law and of treaty law, the latter referred to as ‘conventional law’. The chapter looks at customary law, which is, according to Article 38(1)(b) of the Statute of the International Court of Justice (ICJ), the law applied by the court as including ‘international custom, as evidence of a general practice accepted as law’. The chapter discusses what does, and respectively does not, comprise state practice and then looks at treaties, how they are made and interpreted, how states explain their understandings of them and related matters. Individual sections then address the status at law of the ICRC Study of Customary International Humanitarian Law and of the UN Secretary General’s Bulletin.

A Qualitative Approach to Understand Consumer Groups and Decision-Making Process in Online Group Buying

2019 ◽  
Vol 16 (2) ◽  
pp. 24-46
Author(s):  
Lin Xiao ◽  
Chuanmin Mi
Keyword(s):  
Decision Making ◽  
Exploratory Study ◽  
Process Model ◽  
Qualitative Approach ◽  
Decision Making Process ◽  
Segmentation Method ◽  
Hierarchical Decision Making ◽  
Group Buying ◽  
Hierarchical Decision ◽  
Online Group

This exploratory study used a qualitative approach to segment consumers in an online group buying context based on benefits pursued. 58 participants who have online group buying experience were interviewed. A cluster analysis was conducted on the interview data. The authors found three sub-groups of consumers: economic shoppers, balanced shoppers, and destination shoppers. A hierarchical decision-making process model was developed for different sub-groups of consumers. The results showed that these three sub-groups of consumers are different in terms of their decision-making process. This study overcomes the shortcomings of traditional segmentation studies by proposing a new segmentation method.

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