Suchergebnisse

AbstractThis article poses the question as to whether and why States overlook the prosecution of people for war crimes rather than terrorist offences, where war crimes would be preferred. It looks at whether a diverse range of States (Afghanistan, Australia, Mali, the Netherlands and the Russian Federation) are able through their domestic legislation to prosecute people for war crimes or for terrorist offences. It considers what the value of prosecutions is theoretically and legally, and what the impact of prosecutions is practically in a State. It proposes that prosecutors, police and judges should ask the question whether an alleged offender should be prosecuted for war crimes and/or terrorist offences with war crimes being the preferred option where there is evidence that they have been committed.

In the last ten years or so, the international community has seen an increase in the suppression of revolutionaries or insurrectionists by authoritarian regimes. There has also been a growing urbanisation of violence, in which gangs infiltrate urban societies due to a lack of provision of State services. This landscape of violence continually morphs from one dominated by armed conflicts (to which international humanitarian law (ihl) applies) to one that increasingly involves 'other situations of violence' which fall short of the threshold of armed conflict (and which are not regulated by ihl). These 'other situations of violence', whilst wildly disparate in many ways, share the tragedy (also shared with armed conflict) of the impediments they place on access to health care by those left vulnerable as a result of the breakdown of domestic legal order. This paper reviews existing laws and principles, which could apply to 'other situations of violence' such as those found in ihl and human rights law. It makes the case that an international framework could have a stronger presence in the regulation of 'other situations of violence', in order to ensure the protection of those who need it most.

Abstract
Conflict-related environmental damage remains a huge challenge. This article provides a brief overview of international humanitarian law (IHL) rules that protect the natural environment in armed conflict and notes some convergences with the rules developed by classical Islamic jurists (those who lived from the seventh century up to the last quarter of the nineteenth century) affording protection to the natural environment. Today, a significant number of International Committee of the Red Cross operations take place in Muslim-majority countries, and some Muslim interlocutors, in particular Islamic non-State armed groups, use Islamic law as their normative framework. For better respect for IHL in relevant Muslim-majority States or territories, considering an Islamic legal approach to the protection of the natural environment alongside IHL would allow the parties to conflicts in such countries to better understand their obligations and should enhance the protection of the natural environment in armed conflict.