Humanitarian Law in Action in Africa
In: International journal of refugee law, Band 26, Heft 4, S. 719-720
ISSN: 1464-3715
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In: International journal of refugee law, Band 26, Heft 4, S. 719-720
ISSN: 1464-3715
In: The military law and the law of war review: Revue de droit militaire et de droit de la guerre, Band 44, Heft 1-2, S. 244-252
ISSN: 2732-5520
In: International Human Rights Law, S. 479-495
In: Human rights law journal: HRLJ, Band 29, Heft 6/12, S. 216-226
ISSN: 0174-4704
World Affairs Online
In: International humanitarian law series volume 55
Foreword : IHL in a time of crisis - back to the basics? / Guido Acquaviva -- Promoting the teaching of IHL in universities : overview, successes, and challenges of the icrc's approach / Etienne Kuster -- Experiences in engaging states and non-state armed groups to further respect for international humanitarian law / Jonathan Somer and Andrew Carswell -- Legislative measures in international humanitarian law : a jigsaw of subtle fragmentation / Azra Kuci and Jelena Plamenac -- The future of the international humanitarian fact-finding commission : a possibility to overcome the weakness of IHL compliance mechanisms? / Robert Heinsch -- The role of United Ntions commissions of inquiry in the implementation of IHL : potential and challenges / Theo Boutruche -- The intricate relationship between international human rights law and international humanitarian law in the European Court for Human Rights case law : an analysis of the specific case of detention in non-international armed conflicts / Damien Scalia and Marie-Laurence Hebert-Dolbec -- International humanitarian law in the jurisprudence of international criminal tribunals and courts / Alessandra Spadaro -- Entries
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 87, Heft 858, S. 285-294
ISSN: 1607-5889
AbstractThis article examines the relationship between Hinduism and war and the extent to which the fundamental concepts of humanitarian law are recognized in Hinduism. After reviewing the sources of Hinduism, it considers the permissibility and types of war in ancient India, explores the rules of warfare and investigates whether war was a matter of course or regarded as a ruler's last choice. It then sets out the humanitarian principles that already applied at that time. Finally, it considers how far the concepts of Hinduism have helped in the development of international humanitarian law.
In: Creighton International and Comparative Law Journal Vol. 9 Issue 1, pp. 29-53.
SSRN
In: Studies in international law 34
Aldo Moro certainly undergoes, in his training as a Catholic intellectual, the influence of Mounier and Maritain's personalism and is part of the personalist philosophy with a remarkable stature and authority, precisely because of the depth and richness of his thought with the which he has been able to philosophically establish the concept of person in respect of which he has developed a conception of ethical and humanitarian law. For Moro the law is justice and has the task of ordering and humanizing the life of relationships on democratic bases, not leaving aside the ethics that is the essential prerequisite and also aiming to direct life itself to seek the truth that always illuminates and makes brave. With this essay we want to highlight how the conception of law in Aldo Moro connotes itself as a humanitarian right that humanizes relations between men orienting them to the search for truth. Humanitarian law retains its identity even when the juridical ideal translates as force, never identifying itself with brute power, but always remaining a real ideal.
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In: RESEARCH HANDBOOK ON INTERNATIONAL LAW AND TERRORISM, B. Saul, ed., Edward Elgar, pp. 208-231, 2014
SSRN
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 104, Heft 920-921, S. 1798-1839
ISSN: 1607-5889
AbstractThis article takes a critical look at the development of international humanitarian law (IHL), from its early codification in the Hague and Geneva Conventions to the present day. It examines why and how IHL develops – through treaty, custom, interpretation and soft-law instruments, as well as the influence of jurisprudence and other branches of law. In doing so, it highlights some of the distinctive elements of IHL that set it apart from other bodies of law and explains how these elements influence IHL development. Turning to the present, it addresses some of the key arguments commonly heard against attempting any further development of IHL, by answering the following three key questions: Does IHL need to develop further? If so, how can this be achieved? And what are the prospects for such development in the near future? In answering these questions, the article argues that IHL will continue to develop in many ways, and that while the current environment does not appear propitious for new legally binding norms of IHL, they continue to be both necessary and possible.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 104, Heft 920-921, S. 1725-1761
ISSN: 1607-5889
AbstractThis article explores the interface between religion and international humanitarian law (IHL), and the degree to which they might complement and reinforce each other. It examines some of the challenges inherent in regulating armed conflict and the understandable limitations of IHL in this respect, and argues that re-engagement with IHL's religious roots can help to alleviate them. Engagement with religious circles mobilizes the vast resources of religions to increase knowledge of IHL and corresponding religious norms, thereby enhancing their legitimacy across religious and cultural divides. This is most effective when comparative study of IHL and religious teachings stimulates mutual learning and debate, in which both correspondences and differences are embraced. In the absence of a strong legal enforcement regime, religions can reinforce military ethics by tapping deeply into the identities, motivations and moral values of many belligerents, and possess powerful means to socialize the rules of war and improve voluntary compliance. Introspective religious practices encourage the moral self-reflection that is most effective at internalizing norms in this respect, as well as providing belligerents with the spiritual and psychological support needed to bolster their resilience and enable them to perform with precision and restraint.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 104, Heft 920-921, S. 2013-2026
ISSN: 1607-5889
AbstractRespect for international humanitarian law (IHL) in the battlefield is contingent on the measures undertaken in peacetime. Indeed, satisfactory compliance with IHL rests in the implementation of multiple measures at the domestic level crossing different spheres, including legislative, administrative and educational. In most latitudes, governments and other stakeholders coordinate these measures in what is known as National Committees for the Implementation of International Humanitarian Law. The article addresses the practice of these bodies in Latin America and provides alternatives to enhance their work.
In: Oxford public international law
Providing a black letter text of international humanitarian law, along with case analysis and commentary by a team of internationally renowned experts, this resource also highlights the interplay of international humanitarian law with human rights law, and other branches of international law