Terrorism and International Humanitarian Law
In: RESEARCH HANDBOOK ON INTERNATIONAL LAW AND TERRORISM, B. Saul, ed., Edward Elgar, pp. 208-231, 2014
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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: Pocketbooks of the Hague Academy of International Law
International humanitarian law : a unique regime -- Contraints of war : holding the centre -- Human values and their potential : two worlds or one? -- Accountability : procedures and mechanisms -- Religion and international humanitarian law : support and tension -- International humanitarian law in a global era -- A network of humanitarian actors : promotion of international humanitarian law -- A system of systems.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 20, Heft 215, S. 59-69
ISSN: 1607-5889
Contemporary political analyses and studies concerning Islam often bear the mark of ethical values and judgements that obtain in the cultural context of the authors.In this respect, two main tendencies can be discerned. The first, which we might call "Western-centred", is to be found in the works of specialists in Oriental or Islamic studies who have been trained in the West and are thence impregnated with its culture. When analysing Islam, they judge it on the basis of the moral or political norms pertaining in the West. The second, which could be characterised as "apologetic", generally finds its reflection in the writings of Moslem thinkers who, reacting against the first school's attacks on Islam, try to glorify it and, in particular, set out to identify in Islam all the cultural notions and inventions of the modern world, in other words, the Western world. According to this second school, Islam is, for example, the inventor and disseminator of democratic government, socialism, the separation of powers, human rights and humanitarian law.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 27, Heft 259, S. 423-424
ISSN: 1607-5889
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. 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: 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.
This book provides a clear and concise explanation of the central principles of international humanitarian law (or the law of armed conflict) while situating them in a broader philosophical, ethical and legal context. The authors consider a range of wider issues relevant to international humanitarian law, including its ethical foundations, relationship to other bodies of international law and contemporary modes of enforcement. This helps to develop a richer context for understanding the law of war and a sound basis for examining the changing nature of contemporary armed conflict. The book also
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).
In: in Gerd Oberleitner (ed.) Human Rights Institutions, Tribunals and Courts: Legacy and Promise (Springer, 2018), pp. 377-400
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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 30, Heft S1, S. 92-93
ISSN: 1607-5889
In its Resolution III, the 25th International Conference of the Red Cross asked the ICRC to continue its work to improve identification of medical transports and to keep it informed of developments.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 26, Heft 252, S. 185-185
ISSN: 1607-5889
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 16, Heft 184, S. 372-374
ISSN: 1607-5889