INTERNATIONAL HUMANITARIAN LAW: Human Shields in International Humanitarian Law
In: Israel yearbook on human rights, Band 38
ISSN: 0333-5925
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In: Israel yearbook on human rights, Band 38
ISSN: 0333-5925
In: Human rights law journal: HRLJ, Band 29, Heft 6-12
ISSN: 0174-4704
For some, the aftermath of the events of September 11, 2001, seemed to prove that the existing rules of international humanitarian law were outdated and that they needed immediate reformation and reinterpretation. These rules rested on the paradigm of a World War II-kind of interstate conflict with heavy weapons being used on both sides, whereas today asymmetric and more sporadic forms of conflict are pitted against non-State actors. Five years after the terror attacks, the world looks back on an international debate on the status and treatment of terrorist suspects which has at least led to the conclusion that the Geneva Conventions of 1949 are not as outdated and that their basic principles and rules are still valid and legitimate. The US Supreme Court has recently confirmed that the common Article 3 of the Geneva Conventions give terrorist suspect detainees a right to have a proper trial. Adapted from the source document.
In: Pepperdine Law Review, Forthcoming
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In: Silverburg (ed.) (2011). International Law: Contemporary Problems and Future Development, Boulder: Westview Press, pp. 231-257.
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In: Illinois Public Law Research Paper No. 14-11
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Working paper
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: Human rights law journal: HRLJ, Band 29, Heft 6/12, S. 216-226
ISSN: 0174-4704
World Affairs Online
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.
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In: RESEARCH HANDBOOK ON INTERNATIONAL LAW AND TERRORISM, B. Saul, ed., Edward Elgar, pp. 208-231, 2014
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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: Caucasus journal of social sciences, Band 2, Heft 1, S. 179-193
War is the biggest enemy of humankind. None of the catastrophescan inflict more damage on humanity than does the war. Althoughwar is condemned by the UN law, there are no strategicmechanisms to prevents its occurrence over time. The given articledoes not concentrate on any concrete war. Its main goal is todiscuss the issue of preventing war. Why do states go for war?What are the reasons of war? How strong is the mechanism ofpeaceful solution? Where is the line between just and unjust war?Is today the world peace possible? How secure is the worldtoday? The given article condemns all forms of war, however itadmits that war is still inevitable in some instances and thus itconcentrates of the humanitarian law- what was achieved, whatis its current state and what may be done in the future in this respect.In a world where the great powers control everything, thefactor of brute force still is on the agenda. The given article discussesthe potential of the humanitarian law as a means of peacefulresolution of conflicts in future. In the process of writing thearticle, our country came face to face before the brutalities of war.So it would be impossible to avoid discussing this episode as well.Although fully unbiased evaluation of this event will requiresome time, the article will try to cover main facts and discuss therole international relations and more specifically the humanitarianlaw played in the 5-day war between Russia and Georgia (August2008).