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Humanitarian Law

Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law

Erosion of the Rule of Law as a Basis for Command Responsibility under International Humanitarian Law

... of law. Customary international humanitarian law, as interpreted by the ad hoc tribunals, offers an effective framework for accountability over superiors who fail to heed warning signs that ...

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The Rule of Surrender in International Humanitarian Law

The Rule of Surrender in International Humanitarian Law

... The act of surrender possesses a political, military and legal dimension. It has a political dimension in the sense that an act of surrender indicates that a surrendering party has been defeated and the opposing force ...

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The end of application of international humanitarian law

The end of application of international humanitarian law

... This article provides a systematic overview of the rules governing the end of application of international humanitarian law, or the law of armed conflict. It articulates the general principle that ...

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U.S. drone strikes and international law: Jus ad bellum, International Human Rights Law and International Humanitarian Law issues.

U.S. drone strikes and international law: Jus ad bellum, International Human Rights Law and International Humanitarian Law issues.

... international law continues to apply during a situation of armed conflict, alongside the lex specialis of international humanitarian law, and that the test of whether a deprivation of life is ...

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The Applicability of International Humanitarian Law and the Law of Neutraility to the Kosovo Campaign

The Applicability of International Humanitarian Law and the Law of Neutraility to the Kosovo Campaign

... The Bankovic judgment removed the possibility that military operations by the European members of NATO would henceforth be measured not only against the yardstick of international humanitarian law but also ...

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The lawful use of targeted killing in contemporary international humanitarian law

The lawful use of targeted killing in contemporary international humanitarian law

... From this dictum it may be concluded that international human rights law and international humanitarian law are coextensive. An individual's right to life is protected even during hostilities. ...

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HISTORICAL DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW

HISTORICAL DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW

... Soon, the Geneva Conventions of 1949 needed, in turn, to be adapted to the changing nature of armed conflicts. After the Second World War, non-international armed conflicts became more frequent. Some took the form of ...

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The Occupation of Maritime Territory under International Humanitarian Law

The Occupation of Maritime Territory under International Humanitarian Law

... 174. Western Sahara Campaign UK, supra note 4, ¶ 72. On the characterization of West- ern Sahara as occupied territory, see Saharawi Arab Democratic Republic and Another v. Owner and Charterers of the MV ‘NM Cherry ...

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Restoring Humanity to Humanitarian Law: Borrowing from Environmental Law to Protect Civilians and the Environment

Restoring Humanity to Humanitarian Law: Borrowing from Environmental Law to Protect Civilians and the Environment

... environmental law and explored its links to sustainable development and, consequently, to armed ...environmental law which necessitates considering the short and long-term consequences of ...international ...

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State Opinio Juris and International Humanitarian Law Pluralism

State Opinio Juris and International Humanitarian Law Pluralism

... international humanitarian law to wound rather than kill enemy combatants nor to capture rather than kill), with Ryan Goodman, The Power to Kill or Capture Enemy Combatants: A Rejoinder to Michael ...

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International Humanitarian Law and the Conflict in Sierra Leone

International Humanitarian Law and the Conflict in Sierra Leone

... If the conflict is a non-international armed conflict, the rules of international humanitarian law con- tained in Common Article 3 of the Geneva Conventions and in P[r] ...

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Cyber Warfare and the Status of Anonymous under International Humanitarian Law

Cyber Warfare and the Status of Anonymous under International Humanitarian Law

... the law of international armed conflict it is only combatants and military objectives that are permissible objects of ...international humanitarian law but, importantly, it has become well accepted ...

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International Humanitarian Law After Kosovo: Is Lex Lata Sufficient?

International Humanitarian Law After Kosovo: Is Lex Lata Sufficient?

... International humanitarian law is built upon a balance between acceptance of military interests on the one hand and humanitarian concerns on the ...

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PROTECTION OF WOMEN IN ARMED CONFLICT AND INTERNATIONAL HUMANITARIAN LAW

PROTECTION OF WOMEN IN ARMED CONFLICT AND INTERNATIONAL HUMANITARIAN LAW

... Since 1929, women experienced special protection under International Humanitarian Law. After adoption of Geneva Convention related to protection of Prisoner of wars, sought to take into an account the mass ...

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Evolution of International Humanitarian Law and War: Crime in International Proportions

Evolution of International Humanitarian Law and War: Crime in International Proportions

... States, humanitarian interventions and the establishment of Courts by the United ...of humanitarian law: coined on the principles of universally rec- ognized humanity and dignity, protecting people ...

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The status and use of computer network attacks in international humanitarian law

The status and use of computer network attacks in international humanitarian law

... Article 57(3) of Additional Protocol I provides that where there is a choice of several military objectives for obtaining a similar military objective, the objective chosen should be the one which causes the least danger ...

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The Proportionality Principle in the Humanitarian Law of Warfare: Recent Efforts at Codification

The Proportionality Principle in the Humanitarian Law of Warfare: Recent Efforts at Codification

... Article 50 of the Conference's Protocol I provides in part that a party shall not launch attacks which may be expected to cause civilian losses that would be exc[r] ...

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Brave New World: Neurowarfare and the Limits of International Humanitarian Law

Brave New World: Neurowarfare and the Limits of International Humanitarian Law

... In the context of brain-machine interfaced weapons and autonomous weapons generally, establishing the second and third prongs would likely require prosecution of high[r] ...

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The International Committee of the Red Cross and the Development of International Humanitarian Law

The International Committee of the Red Cross and the Development of International Humanitarian Law

... The Statutes of the International Red Cross and Red Crescent Movement, adopted by the Twenty-fifth International Conference of the Red Cross meeting in Geneva in Oct[r] ...

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Humanitarian Law and Internal Armed Conflicts

Humanitarian Law and Internal Armed Conflicts

... It was not likely to be impressed by the legal dichotomy between international (interstate) and internal armed conflicts so far as the imposition of norms of human[r] ...

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