scholarly journals International law's and International judiciary's help in finding missing persons in armed conflicts on territory of ex SFRJ and AP KiM

2021 ◽  
Vol 18 (2) ◽  
pp. 127-140
Author(s):  
Jasmina Krštenić ◽  
Jovana Tomić
Keyword(s):  
International Law ◽  
International Conflict ◽  
Interpersonal Relations ◽  
Armed Conflicts ◽  
Innocent People ◽  
Missing Persons ◽  
The Future ◽  
The Law ◽  
Truth Finding

The law is made to help in solving problems that appear in interpersonal relations and burden their existence, cooperation, and future. For different sort of problems, different law branches are engaged. The problem of armed conflicts, warfare and suffering follow humankind and civilization from ancient human communities. It seems impossible the living without conflicts, and more discouraging thing, the future is not spa-red from similar happenings. Innocent people suffer in armed conflicts no matter if there is local or regional, international conflict. Many people are recorded as missing persons. Years have passed, no results are available in order of finding the truth, finding bodies; suffering of relatives to alleviate. International law and the international judiciary must give answer, protection, and lesson. The truth is important for the unjustified suffering of the victims, for reconciliation which directs the future.

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.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

The Nuremberg Trial and International Law

1947 ◽  
Vol 41 (1) ◽  
pp. 20-37 ◽  
Author(s):  
George A. Finch
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
World War ◽  
The Public ◽  
The Future ◽  
The Law ◽  
Civilized World

Retribution for the shocking crimes and atrocities committed by the enemy during World War II was made imperative by the overwhelming demands emanating from the public conscience throughout the civilized world. Statesmen and jurists realized that another failure to vindicate the law such as followed World War I would prove their incapacity to make progress in strengthening the international law of the future.1

Liminality and Missing Persons

2016 ◽  
Vol 2 (1) ◽  
pp. 201-218 ◽  
Author(s):  
Laura Huttunen
Keyword(s):  
Armed Conflicts ◽  
The Political ◽  
Ethnographic Fieldwork ◽  
Missing Persons ◽  
Post Conflict ◽  
The Future ◽  
Intimate Relations ◽  
Political Communities ◽  
Conflict Reconciliation ◽  
Political Groups

In many armed conflicts, forced disappearances and hiding the bodies of victims of mass atrocities are used strategically. This article argues that disappearances are powerful weapons, as their consequences reach from the most intimate relations to the formation of political communities. Consequently, political projects of forced disappearances leave difficult legacies for post-conflict reconciliation, and they give rise to a need to address individuals’ and families’ needs as well as relations between national and political groups implicated in the conflict. Based on ethnographic fieldwork, this articles explores the question of missing persons in post-1992 Bosnia. The processes of identification and practices of remembering and commemorating the missing are analyzed through the concept of liminality. The article argues that the future-oriented temporality of liminality gives rise to numerous practices of encountering the enigma of the missing, while the political atmosphere of postwar Bosnia restricts possibilities of communitas-type relationality across ethnonational differences.

scholarly journals The law of the global economy and the spectre of inequality

2021 ◽  
Author(s):  
Ingo Venzke
Keyword(s):  
Social Justice ◽  
International Law ◽  
Global Economy ◽  
Economic Order ◽  
Global Order ◽  
Progressive Change ◽  
Inaugural Lecture ◽  
The Future ◽  
The Law ◽  
Do So

Abstract Drawing on my inaugural lecture, I argue that the spectre of inequality haunts international law. The presence of the spectre first of all draws attention to what is rotten in the global economic order: how the law of the global economy has contributed to high levels of inequality while, at the same time, abdicating responsibility for it. Second, like all spectres, international law’s spectre of inequality is animated by a spirit, the spirit of social justice. It points to forsaken paths, lost memories and conjures up past possibilities that were not realized. Third, the spectre endures unless we give in and break with current repetitions. It directs those in search of progressive change towards productive contradictions within global order. Those contradictions are indeed carriers of hope. They offer reason to believe that the future is open. Engaging with the spectre of inequality in international law turns out to be much less daunting than failing to do so.

1 Introduction

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Important Distinction ◽  
Legal Rules ◽  
Arms Trade ◽  
Law Of Armed Conflict ◽  
The Law

This relatively brief chapter introduces the book as a whole. It positions weapons law within the framework of international law in general, and of the law of armed conflict in particular, noting the important distinctions between international and non-international armed conflicts, and between the law on the resort to the use of force and that which regulates the conduct of hostilities. The logical flow of the book is presented, and certain terms that are vital to the ensuing discussion, namely weapons, means of warfare and methods of warfare are explained. The all-important distinction between weapons law and the legal rules that regulate targeting is noted. A concluding section addresses the recently-adopted Arms Trade Treaty.

Weapons and the Law of Armed Conflict

2016 ◽  
Author(s):  
Boothby William H
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Outer Space ◽  
Full Range ◽  
Armed Conflicts ◽  
Novel Technologies ◽  
Weapon Systems ◽  
Arms Trade ◽  
Logical Sequence ◽  
The Law

This book brings the legal rules governing the use of weapons in armed conflict together into a single volume and interprets and applies those principles and rules to particular weapons technologies. It is the essential reference book for anyone dealing or concerned with the international law applying to weaponry. After relating the historical evolution of weapons law, identifying its sources and discussing the important customary principles that are the foundation of the subject, the book explains to the reader in a logical sequence of chapters how treaty and customary rules apply to particular categories of weapon or to relevant technologies, both traditional and novel. Having explained to the reader how the existing law applies across the full range of weapons technologies, the book discusses how this dynamic field of international law may be expected to develop in the years ahead. This new edition tackles challenging weapons law issues such as the new treaty law on expanding bullets and on the arms trade, novel technologies in the fields of chemistry and biology, the topical controversies associated with autonomous and automated weapon systems, and how law applies to weapons in outer space and to cyber weapons. The law applicable in non-international armed conflicts is summarized; compliance and weapon reviews are carefully explained; and recent international and national military manuals, and other developments in the wider literature, are thoroughly reflected throughout the text.

The International Law Commission's Draft Articles on the Effects of Armed Conflicts on Treaties: Evaluating the Applicability of Impossibility of Performance and Fundamental Change

2013 ◽  
Vol 3 (1) ◽  
pp. 51-76
Author(s):  
Benny TAN Zhi Peng
Keyword(s):  
International Law ◽  
Armed Conflicts ◽  
Controversial Issue ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Insufficient Attention ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The International Law Commission recently completed its work on the controversial issue of the effects of armed conflicts on treaties, culminating in the adoption of a set of eighteen draft articles and an annex. The Commission's efforts are nothing short of commendable, but this article argues that insufficient attention has been paid to the role of supervening impossibility of performance and fundamental change of circumstances in determining the effects of armed conflicts on treaties. Although both doctrines may in fact appropriately apply in the context of armed conflicts, the mere referencing of them in the adopted draft articles gives rise to several problems. In particular, the two doctrines were codified by the 1969 Vienna Convention on the Law of Treaties without their application to armed conflicts in mind. Some changes to the draft articles are proposed to address these difficulties.

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