Necessity, proportionality and the use of force by states
In: Cambridge studies in international and comparative law 35
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In: Cambridge studies in international and comparative law 35
World Affairs Online
In: Human Rights and Humanitarian Law - Book Archive pre-2000
Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants
In: American journal of international law: AJIL, Band 87, Heft 3, S. 391-413
ISSN: 2161-7953
Proportionality is a fundamental component of the law on the use of force and the law of armed conflict—the jus ad bellum and the jus in bello. In the former, it refers to a belligerent's response to a grievance and, in the latter, to the balance to be struck between the achievement of a military goal and the cost in terms of lives. The legitimate resort to force under the United Nations system is regarded by most commentators as restricted to the use of force in self-defense under Article 51 and collective security action under chapter VII of the UN Charter. The resort to force in both these situations is limited by the customary law requirement that it be proportionate to the unlawful aggression that gave rise to the right. In the law of armed conflict, the notion of proportionality is based on the fundamental principle that belligerents do not enjoy an unlimited choice of means to inflict damage on the enemy. Since the entry into force of Protocol I to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, proportionality has been both a conventional and a customary principle of the law of armed conflict.
In: American journal of international law, Band 87, Heft 3, S. 391-413
ISSN: 0002-9300
World Affairs Online
In: International humanitarian law series
In: Nijhoff eBook titles 2006
Preliminary Material /Christopher Greenwood and Timothy L.H. McCormack -- The Causes and Prevention of Violent Conflict /Kevin P. Clements -- Policing after Conflict: Peace-Building and the Responsibility to Protect /Andrew Goldsmith -- The Ethnic Conflict in Solomon Islands by Chief Justice /Albert Palmer -- Collective Identity and the Construction of Political Markets in Africa /Christophe Dongmo -- Rethinking Nationality in International Humanitarian Law /Kim Rubenstein -- The Role of International Courts and Tribunals in Relation to Armed Conflict /Caroline Foster -- Human Rights Commissions and Religious Conflict in the Asia-Pacific Region /Carolyn Evans -- The Role of the United Nations in Conflict Resolution and Peace-building in Timor-Leste /Sukehiro Hasegawa -- Lessons Learned Investigating the Well-being of Children Affected by Armed Conflict /Colin MacMullin -- Civil War in Côte dIvoire: Another Perspective on the Economy and the Political Order in Africa /Christophe Dongmo -- Some Methodological Issues with Reconstructing Justice in Post-Conflict Situations (Training Judges in Afghanistan, Congo and Timor Leste) /Gilles Blanchi -- A Right to Family Life? Tracing Fractured Family Identities Drawing upon Law, Human Rights and Biology /Barbara Ann Hocking and Michele Harvey-Blankenship -- Justice in the Aftermath of Mass Crimes: International Law and Peacebuilding /Wendy Lambourne -- Take Heart International Law Comes, Ever Comes the Hon Justice /Michael Kirby -- International Criminal Law, Humanitarian Law and the Responsibility of States for Choice of Forum and Effective Enforcement /Louise Arbour -- Challenges for the International Criminal Court: Terrorism, Immunity Agreements and National Trials by /Gillian Triggs -- The Sexual Violence Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda: the Silence Has Been Broken but Theres Still a Lot to Shout about /Carrie McDougall -- Political Constraints upon the International Criminal Court /Roderic Pitty -- Redressing the Wrongs of the International Criminal Justice System /Stuart Beresford -- The War on Terror: Self-defence or Aggression? /Alex Conte -- When the Law Breaker Becomes the Law Maker /Susan Anderson -- What Price Justice? Prosecuting Crimes Post-Conflict /Geoff Gilbert -- Strengthening Enforcement of International Criminal Law /Grant Niemann -- Redressing Partial Justice a Possible Role for Civil Society /Ustinia Dolgopol -- Could Systematic Sexual Violence against Women During War Time Have Been Prevented? Lessons from the Japanese Case of Comfort Women /Etsuro Totsuka -- The Role of the United Nations High Commissioner for Refugees /Susan Harris Rimmer -- Peacekeepers in Post-Conflict Situations Upholding the Rule of Law /David Letts -- The Role of Non-State Actors in International Conflict: Legal Identity, Delinquency and Political Representation /Christopher Harding -- What Crisis at the United Nations? /Stephen Bouwhuis -- The Role, Rights and Responsibilities of UNHCR in Situations of Acute Crisis /Geoff Gilbert -- International Law and the Concept of Human Security /Barbara Von Tigerstrom -- List of Contributors /Christopher Greenwood and Timothy L.H. McCormack -- Index /Christopher Greenwood and Timothy L.H. McCormack.
In: Human rights quarterly, Band 22, Heft 1, S. 148-166
ISSN: 1085-794X
In: American journal of international law, Band 88, Heft 2, S. 391-393
ISSN: 0002-9300
In: Human rights quarterly, Band 28, Heft 2, S. 389-415
ISSN: 1085-794X
The relevance of energy to resolving environmental degradation and poverty has only recently been recognized by the world community. While energy is a multifaceted issue, the issue that has attracted the most attention has been the need to provide universal access to modern energy services. Without access to energy services, people are destined to live in poverty. The provision of such services is a key ingredient to providing a sustainable way of living for all the world's population. This article first outlines the significance of access to energy services in the poverty debate. Secondly, this article considers what strategies have so far been adopted by states to confront this issue and the difficulties that such initiatives have encountered. Against this background, the final section makes the case for access to energy services as a human right and commences the task of providing a content for such a right.
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 28, Heft 2, S. 389-415
ISSN: 0275-0392
World Affairs Online