Relevant bibliographies by topics / Humanitarian law – History

Academic literature on the topic 'Humanitarian law – History'

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Published: 10 March 2023

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Journal articles on the topic "Humanitarian law – History"

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Alexander, A. "A Short History of International Humanitarian Law." European Journal of International Law 26, no. 1 (February 1, 2015): 109–38. http://dx.doi.org/10.1093/ejil/chv002.

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Alexander, Atul, and Ishan Khare. "Mark Swatek-Evenstein, A History of Humanitarian Intervention." Journal of International Humanitarian Legal Studies 13, no. 1 (April 12, 2022): 163–68. http://dx.doi.org/10.1163/18781527-bja10045.

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Rosyid, Moh. "Menggugah peran hukum humaniter internasional Islam dalam mengurai konflik etnis perspektif sejarah." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 12, no. 2 (December 31, 2012): 193. http://dx.doi.org/10.18326/ijtihad.v12i2.193-215.

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The defamation of minority ethnics and groups by the authority and the majority has been exposed by the media throughout history. This condition is contrary to the Islamic concept of rahmatan lil’alamin. The concept will not be materialized if the expert of humanitarian law does not involve in the formulation of Islamic humanitarian law. This topic is proposed by the author to persuade the expert of Islamic law to be more active in exploring the concept of prosperous life according to Islam. The author does not explore the topic from legal point of view but rather from historical point of view that crime and genocide has colored global life. If this condition is not addressed immediately and appropriately, we should concern that misguidance will be always characterized our life. Persuading humanitarian law expert is a scientist contribution to create a prosperous life and prevent a conflict. International humanitarian law is a part of international law consisting of diplomatic law, maritime law, law of international treaty, and space law. Due to its significance, it necessitates Islam to coloring humanitarian law. Islam may contribute to humanitarian law through the expert of Islamic law. Islam may be used as a frame of humanitarian law because it establishes a world full of compassion without any form of discrimination.
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Bugnion, François. "Droit de Genève et droit de La Haye." International Review of the Red Cross 83, no. 844 (December 2001): 901–22. http://dx.doi.org/10.1017/s1560775500183464.

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Abstract Present-day international humanitarian law has grown from two main sources: the Law of Geneva, i.e. a body of rules which protect victims of war, and the Law of The Hague, i.e. those provisions which affect the conduct of hostilities. The author examines the different policies which are behind these two branches of international humanitarian law and traces their history up to the 1974-1977 Diplomatic Conference which, by adopting Additional Protocol I, brought about their convergence. While the ICRC undoubtedly gave rise to the Law of Geneva, its contribution to the development and implementation of the Hague Law has been less explicit. The author argues that any involvement in humanitarian law today implies a concern for both domains, which now are inseparable parts of modem international humanitarian law.
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Rapp, Kyle. "Social Pressure, History, and the Expansion of International Humanitarian Law." International Studies Review 23, no. 4 (October 7, 2021): 1931–32. http://dx.doi.org/10.1093/isr/viab049.

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Sarvarian, Arman. "Humanitarian intervention after Syria." Legal Studies 36, no. 1 (March 2016): 20–47. http://dx.doi.org/10.1111/lest.12101.

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This paper examines the legal status of humanitarian intervention in the aftermath of the abortive military operation in Syria. In tracing the history of the doctrine up to the beginning of the Syria crisis, it asserts that the negative reaction to the abortive use of force has reinforced the unlawfulness of humanitarian intervention. In appraising in detail the legal positions of the UK, the USA, France and other states, it analyses the interplay of constitutional law and international law in the Syria crisis with reference to the role of consultations of national parliaments. It asserts that the Syrian precedent illustrates the difficulty of identifying the opinio iuris of a state in which the input of international law through legal advice and public debate affects the output of that state through the expression of its legal position on doctrinal questions. By scrutinising the approach of the British government in consulting the House of Commons in relation to the continuing operations against Islamic State in Iraq, it argues that the National Security Strategy review in 2015 should address the concerns expressed by parliamentary committees regarding consultation of Parliament, the provision of legal advice and the lawfulness of humanitarian intervention.
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van Dijk, Boyd. "Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions." American Journal of International Law 112, no. 4 (October 2018): 553–82. http://dx.doi.org/10.1017/ajil.2018.84.

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AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.
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Pylypenko, Volodymyr F., Pavlo B. Pylypyshyn, and Nataliia M. Radanovych. "Features of legal regulation of human rights in armed conflicts." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 43–51. http://dx.doi.org/10.37635/jnalsu.28(1).2021.43-51.

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The purpose of this study is to identify the problems of protecting human rights and freedoms during armed conflicts based on the analysis of existing international legal and national acts, including their features in Ukraine. As one of the main methods of analysis, comparative analysis is used, which compares the Ukrainian practice of implementing the human rights protection system with the legal framework for regulating the object of research in some countries and at the international level, and analyses international humanitarian law and international human rights law. It is noted that international humanitarian law plays a significant role in the observance and regulation of human rights during armed conflicts. The study describes the international acts of humanitarian law and its main differences from international human rights law. The study analyses the protection of human rights within the framework of international human rights law and within the framework of international humanitarian law, and provides a retrospective analysis of their development. According to the comparative analysis results, it is concluded that the vast majority of modern armed conflicts are not of an international nature; therefore, the specific features of protecting human rights in these conditions are determined. The study analyses the establishment of legal regulation and its changes from the very beginning of the armed conflict in Ukraine and the state of human rights protection
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Kinsella, Helen M., and Giovanni Mantilla. "Contestation before Compliance: History, Politics, and Power in International Humanitarian Law." International Studies Quarterly 64, no. 3 (June 4, 2020): 649–56. http://dx.doi.org/10.1093/isq/sqaa032.

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Abstract Despite the common reference to international humanitarian law (IHL) in the discourse and practice of international politics, international relations (IR) scholarship has yet to consistently engage in an analysis of IHL that extends beyond the relatively narrow specifications of its regulative and strategic effects. In this theory note, we argue that this prevailing focus leaves the discipline with an impoverished understanding of IHL and its operation in international politics. We propose that the study of IHL should be expanded through a deeper engagement with the law's historical development, the politics informing its codification and interpretation, and its multiple potential effects beyond compliance. This accomplishes three things. First, it corrects for IR's predominantly ahistorical approach to evaluating both IHL and compliance, revealing the complicated, contested, and productive construction of some of IHL's core legal concepts and rules. Second, our approach illuminates how IR's privileging of civilian targeting requires analytical connection to other rules such as proportionality and military necessity, none of which can be individually assessed and each of which remain open to debate. Third, we provide new resources for analyzing and understanding IHL and its contribution to “world making and world ordering.”
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Cotter, Cédric, and Ellen Policinski. "A History of Violence." Journal of International Humanitarian Legal Studies 11, no. 1 (June 22, 2020): 36–67. http://dx.doi.org/10.1163/18781527-bja10015.

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The International Review of the Red Cross, an academic journal produced by the International Committee of the Red Cross (icrc) and published by Cambridge University Press, traces its origins back more than 150 years. Throughout its existence, the publication has featured international humanitarian law (ihl) prominently. Because of this, it is possible to trace how the icrc was communicating publicly about ihl since 1869, allowing researchers to draw conclusions about how that body of law has evolved. In this article, the authors divide the history of the Review into five time periods, looking at trends over time as ihl was established as a body of law, was expanded to address trends in the ways war was waged, was disseminated and promoted to the international community, and how it is interpreted in light of current conflicts. Based on the way the law has been represented in the Review, the authors draw conclusions about the evolution of the law itself over time, and lessons this may provide for those who seek to influence the future development of the law regulating armed conflict.
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Dissertations / Theses on the topic "Humanitarian law – History"

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Lin, James Chun. "Humanitarianism and military force : humanitarian intervention and international society." Thesis, University of Oxford, 1995. http://ora.ox.ac.uk/objects/uuid:3ce0813e-b33d-4d02-8049-7851859cc801.

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This thesis examines the theory and practice of humanitarian intervention in the modern states system. Humanitarian intervention is defined as the use of military force across state boundaries, against the wishes of the target government, to protect the people from intolerable misrule and grave abuses of human rights. The aim of this thesis is to examine the problem of humanitarian intervention from the perspective of international society. This thesis is divided into two parts. Part One defines the concept, considers the historical and intellectual milieu in which the idea emerged and evolved, and examines the different grounds upon which states have justified a right of intervention. Part Two considers the implications for international society. International society exists when states have shared rules, values, and a mutual concern for order. Three primary arguments are made in Part Two: (1) Humanitarian intervention can co-exist with the rules of state sovereignty, non-intervention, and limitations on the use of force; (2) Humanitarian intervention has performed the historic function of expanding the values of international society; (3) Practised under the right circumstances, it can help promote international order rather than subvert it. As this thesis demonstrates, a more in-depth understanding of how past theorists and practitioners of humanitarian intervention have approached the problem can enrich the current discussion.
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Östberg, Jenny. "Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian Law." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-5603.

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The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future.

The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.

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Hoeylandt, Pierre van. "Is there a duty of humanitarian intervention? : an empirical study with moral implications." Thesis, University of Oxford, 2001. http://ora.ox.ac.uk/objects/uuid:3289e232-2d4e-4878-8e2f-ba7e667f5b77.

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Large-scale humanitarian crises in foreign countries raise the question of whether or not other countries have a duty to alleviate that suffering. In extreme cases, humanitarian intervention, that is: military intervention for the purpose of alleviating human suffering, is sometimes advocated as the morally required course of action. This thesis suggests that while the international community has a general moral responsibility to prevent and ameliorate humanitarian crises there is no simple duty of military humanitarian intervention. Hitherto, the question has typically been treated as a matter of either moral or legal principle. This thesis argues that empirical factors, which affect the international community's ability to carry out interventions effectively, have not been given their due weight in the debate. On the basis of evaluations of international responses to crises in Somalia and Rwanda, 1992 - 1994, it is suggested that a range of factors undermine the efficacy of humanitarian interventions. These factors include the impact of state interests, the effects of domestic politics in intervening states and, contrary to expectations, the role of humanitarian considerations in decision making on intervention. By showing the limitations of a simplistic view of a duty of humanitarian intervention the thesis seeks to contribute to reconciling idealism with realism in international crisis-responses. Based on sound moral and political judgment military interventions in humanitarian crises would hopefully be less ambitious and ultimately more effective.
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Cameron, Calla. "Grave Breaches: American Military Intervention in the Late Twentieth- Century and the Consequences for International Law." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1677.

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The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, but that power also brought watchfulness from the global community and an expectation that the United States would intervene when rogue states or leaders committed crimes against humanity. The international legal community has expected the United States to act and illegally intervene in some situations, but to pursue policy changes peacefully through diplomatic channels on other occasions.
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Rohr, Karl C. "Progressive reconstruction a methodology for stabilization and reconstruction operations." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2006. http://library.nps.navy.mil/uhtbin/hyperion/06Sep%5FRohr.pdf.

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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, September 2006.
Thesis Advisor(s): Karen Guttieri. "September 2006." Includes bibliographical references (p. 97-100). Also available in print.
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Radice, Luke C. "Evolving Conceptions of Sovereignty as Applied to Membership in International Organizations." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2147.

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In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept of Westphalian sovereignty is weakening in the modern world, as the international system gradually adopts new ideas about what national power allows, and reapplies old concepts that had long fallen out of use. Additionally, many of the problems faced by humanity in the present day are too large and complicated to be solved by singular nations, and require concerted international action. Together, these evolving conceptions of sovereignty and increasingly complex global problems have greatly contributed to the growth and empowerment of international organizations.
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Peltola, Larissa. "Rape and Sexual Violence Used as a Weapon of War and Genocide." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1965.

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Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their communities, destroying the social fabric and cohesion of specific groups, and even as a final act of humiliation before killing the victim. In each conflict that is examined in this thesis, sexual violence is used against civilian populations for the specific purpose of genocide.
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Gandois, H. N. A. "The emergence of regional security organisations : a comparative study on ECOWAS and SADC." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:82c09a8b-6a13-45dc-b017-a89ceaaea7f8.

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The emergence of regional security organisations during the 1990s in Africa proved to be of great significance for the lives of many Africans, including those living in conflict-torn countries such as Liberia, Sierra Leone, Côte d’Ivoire or the Democratic Republic of Congo, but, at the same time, this phenomenon has been understudied. This dissertation explores why regional security organisations with an agenda of democratic governance emerged in Africa in the 1990s. This question is answered with two in-depth case studies on the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC). Driven by an empirical puzzle, this study is both hypothesis-testing and hypothesis generating. The study starts by laying out the different possible factors put forward by several bodies of theory in international relations to explain the emergence of ECOWAS and SADC as security organisations. These hypotheses are then tested throughout the history and the evolution of ECOWAS and SADC in order to highlight the circumstances of their creation and their qualified failure as economic communities. This is followed by a comparative analysis of the security and democracy mandates entrusted to ECOWAS and SADC by its member states based on the study of the legal texts that outline the specific objectives of each regional security organisation and the tools they were given to implement their mandates. The study finally analyses the implementation records of ECOWAS and SADC in order to assess the commitment of their member states to their new democracy and security mandate. The research concludes with the two following hypotheses: 1) A security agenda cannot emerge without the involvement of the regional hegemon. 2) What the regional hegemon can do, including affecting the speed of the transformation, is constrained by the acceptance of its leadership by its neighbours (legitimacy) and by state weakness (capability).
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Tonkin, Hannah Jane. "States' international obligations to control private military & security companies in armed conflict." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:1658758a-481a-4f1c-83c0-2ef269a78778.

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Tens of thousands of contractors work for private military and security companies (PMSCs) in armed conflicts around the world, often hired by states to fulfil functions that were once the exclusive domain of the armed forces. In this context, PMSCs have performed a wide range of activities including offensive combat, prisoner interrogation, military advice and training, armed security, intelligence and logistics. The proliferation of PMSCs during the past two decades has challenged conventional conceptions of the state as the primary holder of coercive power in the international arena. Nonetheless, this Thesis argues that the traditional state-centred frameworks of international law remain vitally relevant to the regulation of private security activity in contemporary armed conflict. Three states are in a strong position to influence PMSCs in this context—the state that hires the PMSC, the state in which the company is based or incorporated, and the state in which the company operates—and this capacity for influence enables international law to regulate PMSC activities indirectly using these states as an intermediary. This Thesis critically analyses the pertinent international obligations on these three categories of states and identifies the circumstances in which PMSC misconduct may give rise to state responsibility in each case. It also examines the recent practice of certain key states in order to evaluate their compliance with these obligations. By providing a clear and in-depth analysis of states' international obligations to control PMSCs in armed conflict, this Thesis may not only facilitate the assessment of state responsibility in cases of PMSC misconduct; it may also play an important prospective role in setting standards of conduct for states in relation to the private security industry. This in turn may encourage and assist states to develop their domestic laws and policies in order to improve overall PMSC compliance with international law.
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Frazier, Grant H. "Armed Drones: An Age Old Problem Exacerbated by New Technology." Scholarship @ Claremont, 2016. https://scholarship.claremont.edu/pomona_theses/156.

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The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that armed drones, like guns, nuclear weapons, or any type of military technology, is here to stay and that once we acknowledge that fact, the most important step is to make sure we have the right tools to judge the conduct of conflict carried out using armed drones or other weapons that raise similar issues and questions.
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Books on the topic "Humanitarian law – History"

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Humanitarian intervention: A history. Cambridge: Cambridge University Press, 2011.

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Vasileski, Voislav. International humanitarian law in armed conflicts. Skopje: Military Academy "General Mihailo Apostolski", 2003.

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Teodorescu, Mircea-Adrian. Dreptul international umanitar în forțele armate ale României în pragul mileniului III. București: Lumina Lex, 2002.

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Espinosa, Juan Francisco Escudero. Aproximación histórica a la noción de intervención humanitaria y en el derecho internacional. [León]: Universidad de León, Secretariado de Publicaciones y medios Audiovisuales, 2002.

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Empire of humanity: A history of humanitarianism. Ithaca, N.Y: Cornell University Press, 2011.

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Abrisketa, Joana. Derechos humanos y acción humanitaria. [San Sebastián]: Departamento para los Derechos Humanos, el Empleo y la Inserción Social de la Diputacion Foral de Gipuzkoa, 2004.

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Droit international humanitaire dans les conflits armés: Le cas rwandais. Paris: Harmattan, 2011.

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Knežević-Predić, Vesna. Izvori međunarodnog humaniternog prava. 2nd ed. Beograd: Fakultet političkih nauka, 2007.

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Bass, Gary J. Freedom's battle: The origins of humanitarian intervention. New York: Alfred A. Knopf, 2008.

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Bass, Gary J. Freedom's battle: The origins of humanitarian intervention. New York: Vintage, 2009.

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Book chapters on the topic "Humanitarian law – History"

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Marc Segesser, Daniel, and Mats Deland. "The lawyer as an actor in history and society." In International Humanitarian Law and Justice, 175–82. New York, NY: Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351104449-17.

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Spitra, Sebastian M. "Engaging history in the legal protection of cultural heritage in war and peace." In International Humanitarian Law and Justice, 30–43. New York, NY: Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351104449-4.

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Parks, W. Hays. "Perspective and the Importance of History." In Yearbook of International Humanitarian Law 2011 - Volume 14, 361–82. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-855-2_12.

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Nikolaev, Nikolay Yu, Dmitry V. Garbuzov, Sergei P. Ramazanov, and Daria S. Yurchenko. "Russia and International Humanitarian Law: History, Modernity and Prospects." In Digital Future Economic Growth, Social Adaptation, and Technological Perspectives, 419–26. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-39797-5_42.

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Klinkert, Wim. "Warfare 1914–2014: The Most Violent Century in Human History." In Yearbook of International Humanitarian Law Volume 17, 2014, 13–21. The Hague: T.M.C. Asser Press, 2015. http://dx.doi.org/10.1007/978-94-6265-091-6_3.

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Heuser, Beatrice. "Ordinances and Articles of War Before the Lieber Code, 866-1863: The Long Pre-History of International Humanitarian Law." In Yearbook of International Humanitarian Law, Volume 21 (2018), 139–64. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-343-6_5.

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Jean-Marie, Henckaerts. "1 History and Sources." In The Oxford Guide to International Humanitarian Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198855309.003.0001.

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This introductory chapter provides an overview of international humanitarian law (IHL), which is also known as the international law of armed conflict, or simply law of armed conflict (LOAC) or law of war. The rules and principles of IHL seek to limit the effects of armed conflict and at its core, IHL aims to preserve a sense of humanity in time of war. At the same time, IHL has been developed to regulate the social reality that is armed conflict. As such, in order to provide a realistic, and hence useful, legal framework, IHL must also take into account the military needs of parties to an armed conflict in their pursuit of defeating the adversary. The development of particular treaties and specific rules of IHL over time reflects the exercise of finding the correct balance between these humanitarian and military considerations. As a branch of international law, IHL is subject to the general rules of international law, such as those related to sources, treaty interpretation, and state responsibility. The sources of international law are set out in article 38 of the Statute of the International Court of Justice. This provision lists international conventions, international custom, and general principles of law as the main sources of international law in accordance with which the Court is to decide disputes submitted to it.
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Thomas G, Weiss. "Part IV Activities of Organizations, Ch.14 Humanitarian Action." In The Oxford Handbook of International Organizations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199672202.003.0014.

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This chapter begins by defining some key terms, including humanitarian action, humanitarianism, humanitarian space, and humanitarian intervention. It then examines the history of humanitarian action in wars through the lenses of three historical periods: the 19th century until World War I; the early 20th century through the end of the Cold War; and the last quarter-century. Next, it describes the entities that exert influence on the ground from outside a war zone: international NGOs, the International Committee of the Red Cross (ICRC), the UN system, bilateral aid agencies, external military forces, for-profit firms, and the media. Operating alongside, and sometimes in opposition to, external agents in a particular war zone are local actors, which include NGOs and businesses as well as the armed belligerents. The chapter concludes with a discussion of the coordination of the various moving parts of the international humanitarian system.
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"A History of ‘Humanitarian Intervention’ in Nineteenth-Century International Law." In A History of Humanitarian Intervention, 42–164. Cambridge University Press, 2020. http://dx.doi.org/10.1017/9781107449459.003.

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Crawford, Emily. "The History of Non-Binding Instruments in the History of International Humanitarian Law." In Non-Binding Norms in International Humanitarian Law, 40–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198819851.003.0003.

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This chapter will outline the history of non-binding instruments in the law of armed conflict, specifically, those created prior to the non-binding instruments that are the primary subject of examination in this book. The focus will be on whether and how such instruments came to influence and impact on the binding law of armed conflict, the reasons behind the creation of these instruments, and why the non-binding path was chosen (if it was, and, if not, why not). In doing so, this chapter will explore how non-binding instruments have been used in international humanitarian law (IHL) historically and set the stage for the analysis in the next two chapters of current non-binding instruments and provisions in IHL.
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Conference papers on the topic "Humanitarian law – History"

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أبو الحسن اسماعيل, علاء. "Assessing the Political Ideology in the Excerpts Cited from the Speeches and Resolutions of the Former Regime After the Acts of Genocide." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/2.

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If killing a single person is considered as a major crime that forbidden by Sharia and law at the international level and at the level of all religions and divine legislation, so what about the concept of genocide!! Here, not just an individual with a weak influence on society is killed, but thousands of individuals, that means an entire nation, a future, energy and human and intellectual capabilities that can tip the scales, and on the other hand, broken and half-dead hearts are left behind from the horrific scenes of killing they witnessed before their eyes, moreover, the massacres of genocide continues to excrete its remnants and consequences for long years and for successive generations, and it may generate grudges of revenge among generations that did not receive the adequate awareness and psychological support which are necessary to rehabilitate these generations to benefit from the tragedies and bitter experiences of life to turn them into lessons and incentives to achieve progress and advancement. Genocide is a deadly poison whose toxic effect extends from generations to others unless it is wisely controlled. Here the role of the international community and its legal, legislative and humanitarian stance from these crimes is so important and supportive. Genocide can be occurred on two levels: external and internal. As for genocide on the external level: this is what happened at the hands of foreign powers against a certain people for colonial and expansionist goals in favor of the occupier or usurper. There are many examples throughout history, such as the Ottoman and British occupations...etc Whereas genocide at the internal level, can be defined as the repressive actions that governments practice against their own people for goals that could be extremist, racist or dictatorial, such as t ""Al-Anfal"" massacre in 1988 carried out by the previous regime against the Kurds in the Kurdistan region. The number of victims amounted at one hundred thousand martyrs, most of them were innocent and unarmed people from children, women and the elderly, and also the genocide which was practiced against of the organizers of Al-Shaibania Revolution in 1991 was another example of genocide in the internal level. It is possible to deduce a third level between the external and internal levels, which is the genocide that is done at the hands of internal elements from the people of the country, but in implementation of external agendas, for example, the scenes of organized and systematic sectarian killing that we witnessed daily during (2007) and (2008), followed by dozens of bloody explosions in various regions throughout the capital, which unfortunately was practiced by the people of the country who were misguided elements in order to destabilize the security of the country and we did not know until this moment in favor of which external party!! In the three aforementioned cases, nothing can justify the act of killing or genocide, but in my personal opinion, I see that genocide at the hands of foreign forces is less drastic effects than the genocides that done at the hands of internal forces that kill their own people to impose their control and to defense their survival, from the perspective of ""the survival for the strongest, the most criminal and the most dictatorial. The matter which actually dragged the country into the abyss and the ages of darkness and ignorance. As for the foreign occupier, he remains an occupier, and it is so natural for him to be resentful and spiteful and to keep moving with the bragging theory of that (the end justifies the means) and usurping lands illegally, but perhaps recently the occupier has begun to exploit loopholes in international laws and try to gain the support of the international community and international organizations to prove the legitimacy of what has no legitimacy, in the end to achieve goals which pour into the interest of the occupiers' country and from the principle of building the happiness and well-being of the occupiers' people at the expense of the misery and injustice of other peoples!! This remains absolutely dehumanizing societal crime, but at least it has a positive side, which is maximizing economic resources and thus achieving the welfare of a people at the expense of seizing the wealth of the occupied country. This remains the goal of the occupier since the beginning of creation to this day, but today the occupation associated with the horrific and systematic killing has begun to take a new template by framing the ugliness of the crime with humanitarian goals and the worst, to exploit religion to cover their criminal acts. A good example of this is the genocide that took place at the hands of the terrorist organization ISIS, that contradictory organization who adopted the religion which forbids killing and considers it as one of the greatest sins as a means to practice the most heinous types of killing that contemporary history has witnessed!! The ""Spiker"" and ""Sinjar"" massacres in 2014 are the best evidence of this duality in the ideology of this terrorist organization. We may note that the more we advance in time, the more justification for the crimes of murder and genocide increases. For example, we all know the first crimes of genocide represented by the fall of Baghdad at the hands of the Mongol leader ""Hulagu"" in 1258. At that time, the crimes of genocide did not need justification, as they were practiced openly and insolently for subversive, barbaric and criminal goals!! The question here imposes itself: why were the crimes of genocide in the past practiced openly and publicly without need to justify the ugliness of the act? And over time, the crimes of genocide began to be framed by pretexts to legitimize what is prohibited, and to permit what is forbidden!! Or to clothe brutality and barbarism in the patchwork quilt of humanity?? And with this question, crossed my mind the following ""Aya"" from the Glorious Quran (and do not kill the soul that God has forbidden except in the right) , this an explicit ""Aya"" that prohibits killing and permits it only in the right, through the use of the exception tool (except) that permits what coming after it . But the"" right"" that God describes in the glorious Quran has been translated by the human tongues into many forms and faces of falsehood!! Anyway, expect the answer of this controversial question within the results of this study. This study will discuss the axis of (ideologies of various types and genocide), as we will analyze excerpts from the speeches of the former regime that were announced on the local media after each act of genocide or purification, as the former regime described at that time, but the difference in this study is that the analysis will be according to a scientific and thoughtful approach which is far from the personal ideology of the researcher. The analysis will be based on a model proposed by the contemporary Dutch scientist ""Teun A. Van Dijk"". Born in 1943, ""Van Dijk"" is a distinguished scholar and teaching in major international universities. He has authored many approved books as curricula for teaching in the field of linguistics and political discourse analysis. In this study, Van Dijk's Model will be adopted to analyze political discourse ideologies according to forty-one criteria. The analysis process will be conducted in full transparency and credibility in accordance with these criteria without imposing the researcher's personal views. This study aims to shed light on the way of thinking that the dictatorial regimes adopt to impose their existence by force against the will of the people, which can be used to develop peoples' awareness to understand and analyze political statements in a scientific way away from the inherited ideologies imposed by customs, clan traditions, religion, doctrine and nationalism. With accurate scientific diagnosis, we put our hand on the wounds. So we can cure them and also remove the scars of these wounds. This is what we seek in this study, diagnosis and therefore suggesting the suitable treatment "
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Reports on the topic "Humanitarian law – History"

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Zambrano, Omar, and Hugo Hernández. La clase media en Venezuela: Definición, caracterización y evolución reciente. Inter-American Development Bank, February 2021. http://dx.doi.org/10.18235/0003067.

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Venezuela experimenta la recesión económica más severa y prolongada de su historia económica moderna. El país ha perdido tres cuartas partes de su Producto Interno Bruto, produciendo, como consecuencia, una degradación extrema de las condiciones materiales de vida de sus habitantes. En este contexto, no existe una evaluación apropiada de los efectos que esta profunda crisis económica ha tenido sobre los indicadores socioeconómicos de las clases medias en Venezuela. Este documento técnico hace uso de las fuentes de microdatos disponibles para analizar empíricamente el tamaño y la evolución reciente de la clase media venezolana a la luz de la reciente crisis económica. En líneas generales, se corrobora una caída abrupta y sistemática tanto en el tamaño de la clase media venezolana, así como del poder de consumo de quienes todavía forman parte de ella. En 2020 se verifica que aproximadamente 9 de cada 10 familias que era considerada de clase media a principios de la década pasada, ya no lo es. Además, el análisis dinámico de los datos muestra evidencia de que una porción muy importante de familias de clase media ha perdido su estatus sobretodo en los últimos años, tendencia comprobada por la evolución indicadores no monetarios, relacionados con los niveles multidimensionales de bienestar y seguridad económica de las familias de estratos medios. Venezuela llegó a ser el hogar de la más grande, sólida y próspera clase media de la región, hoy en día, la situación ha cambiado radicalmente: una parte importante de el acervo de capacidades y capital humano de la clase media ha alimentado la ola de emigración de venezolanos de los últimos años, mientras la otra parte, la poción que permaneció en Venezuela, sufre la erosión de sus condiciones en el marco de la depresión económica y la crisis humanitaria. En general, existe amplio consenso sobre el efecto positivo que tiene la clase media sobre el bienestar, el crecimiento económico, la equidad y la estabilidad de las economías, en este sentido, la rehabilitación de la clase media venezolana deberá formar parte de cualquier programa de recuperación futura.
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Kelly, Luke. Lessons Learned on Cultural Heritage Protection in Conflict and Protracted Crisis. Institute of Development Studies (IDS), April 2021. http://dx.doi.org/10.19088/k4d.2021.068.

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This rapid review examines evidence on the lessons learned from initiatives aimed at embedding better understanding of cultural heritage protection within international monitoring, reporting and response efforts in conflict and protracted crisis. The report uses the terms cultural property and cultural heritage interchangeably. Since the signing of the Hague Treaty in 1954, there has bee a shift from 'cultural property' to 'cultural heritage'. Culture is seen less as 'property' and more in terms of 'ways of life'. However, in much of the literature and for the purposes of this review, cultural property and cultural heritage are used interchangeably. Tangible and intangible cultural heritage incorporates many things, from buildings of globally recognised aesthetic and historic value to places or practices important to a particular community or group. Heritage protection can be supported through a number of frameworks international humanitarian law, human rights law, and peacebuilding, in addition to being supported through networks of the cultural and heritage professions. The report briefly outlines some of the main international legal instruments and approaches involved in cultural heritage protection in section 2. Cultural heritage protection is carried out by national cultural heritage professionals, international bodies and non-governmental organisations (NGOs) as well as citizens. States and intergovernmental organisations may support cultural heritage protection, either bilaterally or by supporting international organisations. The armed forces may also include the protection of cultural heritage in some operations in line with their obligations under international law. In the third section, this report outlines broad lessons on the institutional capacity and politics underpinning cultural protection work (e.g. the strength of legal protections; institutional mandates; production and deployment of knowledge; networks of interested parties); the different approaches were taken; the efficacy of different approaches; and the interface between international and local approaches to heritage protection.
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