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Journal articles on the topic 'Humanitarian law – History'
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1
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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Costi, Alberto. "Foreword: Global and Regional Perspectives on International Humanitarian Law." Victoria University of Wellington Law Review 41, no. 2 (August 10, 2010): 107. http://dx.doi.org/10.26686/vuwlr.v41i2.5241.
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This article serves as a foreword to this special issue of the Victoria University of Wellington Law Review which brings together a number of global and regional perspectives on international law ('IHL') in commemoration of some of the most significant events marking the emergence and development of what is still a relatively recent yet dynamic branch of international law. The author provides a brief history of the international community and the contributions of Henry Dunant of the International Committee of the Red Cross. The article then provides a brief overview of the papers presented in this issue, noting that the papers reflect on various aspects of a body of law in constant evolution, as well as acknowledging the challenges associated with the implementation of IHL.
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Wynn-Pope, Phoebe, Yvette Zegenhagen, and Fauve Kurnadi. "Legislating against humanitarian principles: A case study on the humanitarian implications of Australian counterterrorism legislation." International Review of the Red Cross 97, no. 897-898 (June 2015): 235–61. http://dx.doi.org/10.1017/s1816383115000612.
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AbstractThe humanitarian principles – humanity, neutrality, impartiality and independence – have come to characterize effective humanitarian action, particularly in situations of armed conflict, and have provided a framework for the broader humanitarian system. Modern counterterrorism responses are posing significant challenges to these principles and the feasibility of conducting principled humanitarian assistance and protection activities. This article explores the origins of the principles, the history behind their development, and their contemporary contribution to humanitarian action. The article then discusses some of the ways in which the principles are threatened, both by practice and by law, in the Australian context, and finally makes suggestions as to how the principles can be reclaimed and protected for the future of effective, impartial humanitarian action.
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Bisharat, George E. "Violence’s Law." Journal of Palestine Studies 42, no. 3 (2013): 68–84. http://dx.doi.org/10.1525/jps.2013.42.3.68.
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Commonly law is seen as an alternative to violence, although it relies on violence or its threat for enforcement. Through a study of Israel’s campaign to transform international humanitarian law (IHL) by systematically violating it, this essay considers the possibility that violence precedes and even creates law. Israel has a long history of ad hoc “legal entrepreneurialism,” but its current effort, launched during the second intifada, is institutionalized, persistent, and internally coherent. The essay reviews the specific legal innovations Israel has sought to establish, all of which expand the scope of “legitimate” violence and its targets, contrary to IHL’s fundamental purposes of limiting violence and protecting non-combatants from it.
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Severinova, Oleksandra. "EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS." Law Journal of Donbass 74, no. 1 (2021): 20–26. http://dx.doi.org/10.32366/2523-4269-2021-74-1-20-26.
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The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.
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Hughes, David. "Differentiating the Corporation: Accountability and International Humanitarian Law." Michigan Journal of International Law, no. 42.1 (2021): 47. http://dx.doi.org/10.36642/mjil.42.1.differentiating.
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Corporations are significant global actors that are continuing to gain international legal status. Regulatory efforts have closely followed persistent claims that various forms of corporate activity are adversely affecting individual welfare and societal objectives. Such observations are perhaps most acute during instances of armed conflict. The history of corporate misdeeds occurring within or contributing to the perpetuation of warfare is now well-documented. However, the relationship between international humanitarian law—the legal field governing the conduct of war—and corporations receives less attention than other areas of international law where the treatment of business entities have made important advancements. This article considers the particularities that affect how accountability is imposed for corporate behavior that implicates IHL. Accordingly, the article has three purposes. First, it describes the (indirect) doctrinal methods through which accountability for corporate conduct implicating IHL may be pursued. Second, it identifies structural challenges and features of the corporate form that compromise the efficacy of these methods and result in accountability gaps. Third, through a series of case studies—addressing the conduct of Blackwater in Iraq, Facebook in Myanmar, and Airbnb in the West Bank—the article categorizes disparate forms of corporate conduct that implicate IHL in previously unforeseen ways and present unidentified regulatory challenges. Collectively, the article suggests that if international law is to contribute to the process of narrowing accountability gaps, if it is to provide an agreeable and accurate vocabulary for determining standards and adjudging conduct, regulatory efforts must begin by embracing those features that differentiate the corporation from those other entities that have traditionally held international law’s attention.
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Josipović, Ivo. "Implementing Legislation for the Application of the Law on the International Criminal Tribunal for the Former Yugoslavia and Criteria for its Evaluation." Yearbook of International Humanitarian Law 1 (December 1998): 35–68. http://dx.doi.org/10.1017/s1389135900000052.
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The establishment of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991 (ICTY) and the adoption of its Statute heralded a new page in the history of international, particularly international criminal, law. For the first time since World War II, an international criminal court was established. The Tribunal was created in order to achieve important legal and political goals: to punish perpetrators of serious violations of international humanitarian law committed in the former Yugoslavia since 1991; to prevent further crimes; to facilitate the peace process; and to serve as a test for a future permanent international criminal court.
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Khan, Muhammad, and Zakir Ullah. "The Yemen Armed Conflict in the Perspective of International Humanitarian Law." Global Legal Studies Review V, no. II (June 30, 2020): 11–23. http://dx.doi.org/10.31703/glsr.2020(v-ii).02.
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Since the Arab Spring, Yemen became the center of worst humanitarian crisis in modern history. This paper investigates the fundamental causes of the current conflict in Yemen and also explicates the legal dimension of International humanitarian law. Political marginalization, social disenfranchisement, economic collapse, the failure of the Yemeni government to address and resolve the socioeconomic frustration of ordinary citizens and corrupt leaders are few reasons which led to the brutal civil war in Yemen. This systematic failure of government and intervention of regional players for their dominance and ascendency created political uprising, violence, and institutional collapse. Thousands of civilians have died, millions of people had been displaced and millions are on the brink of starvation. Several solutions were proposed by introducing the federal system, decentralization of state's power, improving basic infrastructure, negotiations with Houthis but none of these reforms implemented properly. This paper also scrutinized the intervention of regional actors in this ferocious conflict and how regional and international actors violated International Humanitarian law.
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Heraclides, Alexis. "Humanitarian Intervention in International Law 1830–1939. The Debate." Journal of the History of International Law 16, no. 1 (July 1, 2014): 26–62. http://dx.doi.org/10.1163/15718050-12340019.
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Fidler, David P. "The meaning of Moscow: “Non-lethal” weapons and international law in the early 21st century." International Review of the Red Cross 87, no. 859 (September 2005): 525–52. http://dx.doi.org/10.1017/s1816383100184371.
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AbstractAt the intersection of new weapon technologies and international humanitarian law, so-called “non-lethal” weapons have become an area of particular interest. This article analyses the relationship between “non-lethal” weapons and international law in the early 21st century by focusing on the most seminal incident to date in the short history of the “non-lethal” weapons debate, the use of an incapacitating chemical to end a terrorist attack on a Moscow theatre in October 2002. This tragic incident has shown that rapid technological change will continue to stress international law on the development and use of weaponry but in ways more politically charged, legally complicated and ethically challenging than the application of international humanitarian law in the past.
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Graf, Rüdiger. "Transitional Injustice at Leipzig: Negotiating Sovereignty and International Humanitarian Law in Germany after the First World War." Central European History 55, no. 1 (March 2022): 34–52. http://dx.doi.org/10.1017/s0008938921001758.
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AbstractThe article analyzes Allied attempts to try German war criminals after the First World War and the ensuing Leipzig trials. Historians of international law commonly describe these as the first (failed) attempt to break principles of national sovereignty by implementing principles of international humanitarian law, which were later realized at Nuremberg and The Hague. The article brackets the question of the Leipzig trials’ alleged success or failure by situating them not so much within the long-term history of international justice but, rather, within the political and intellectual culture of Weimar Germany. The article shows how the German government tried to use its limited domestic sovereignty in order to enhance its international sovereignty. By asking how German sovereignty was contested, negotiated, and reaffirmed, the article historicizes the Leipzig trials and also addresses the more general question of which conditions facilitate international war crimes trials. Drawing on the literature on transitional justice, this article suggests that contestations over German domestic and international sovereignty after the Versailles Treaty offer a more productive frame to understand the trials than measuring success according to international humanitarian law.
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Md Ramzan, Muhammad Fahmi, Mohamad Zaidi Abdul Rahman, Bharuddin Che Pa, and Nurfarhana Mohd Daud. "Prinsip Kemanusiaan Dalam Undang-Undang Antarabangsa Islam dan Relevansinya Dengan Undang-Undang Antarabangsa Masa Kini (Principles of Humanity in Islamic International Law and its Relevancy with Current International Law)." UMRAN - International Journal of Islamic and Civilizational Studies 7, no. 2 (June 28, 2020): 93–114. http://dx.doi.org/10.11113/umran2020.7n2.415.
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This article aims to explore the principles of humanity in Islamic International Law, which include humanitarian principles in peace situation and in time of war and assess their suitability with current international law. To achieve this purpose, this article uses historical assessment methods and textual interpretations to study a string of historical events as well as analyze sources of text from the Quran, hadiths and other legal documents. The principles of humanity outlined in this paper are an important aspect of organizing relationships between humans either in peace or during the war. In fact, the Islamic Law of the Quran, the hadiths and actions of the Prophet ﷺ throughout history has always elevated human dignity and human values. The results show that Islamic International Law through its humanitarian principles contributes significantly to the regulation of human life in line with the development of international law. In light of the sentiment expressed by some of the international community that Islam is a terrorist religion, the humanitarian principles outlined in this article are expected to repel the allegations and thus formulate a set of ideas that will support and improve the implementation of existing international law
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Orehowsky, W. "THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW IN THE ХІХ CENTURY." Innovative Solution in Modern Science 2, no. 38 (March 30, 2020): 94. http://dx.doi.org/10.26886/2414-634x.2(38)2020.8.
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The article is devoted to the history of the emergence and formation of international humanitarian law («laws and customs of war»). The author notes that decisive steps were taken here in the nineteenth century, as rapid progress in the development of weapons and martial arts led to a sharp increase in the number of casualties. In this regard, much attention is paid to the figure of Swiss businessman and public figure Henri Dunan. It is stated in the article that it was the activity of the latter that became the basis for the adoption of the famous Geneva Convention (1864) «On improving the fate of wounded and sick warriors in the land war».Key words: international humanitarian law, Society of Red Cross, Henri Dunan, Geneva Convention, help to aid to sick and wounded patients, public charities.
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Mann, Itamar. "The Law (and Politics) of Forced Displacement: Toward a History of the Present." Proceedings of the ASIL Annual Meeting 113 (2019): 111–15. http://dx.doi.org/10.1017/amp.2019.158.
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It is a tremendous honor being here today and participating in this esteemed panel on the “Law (and Politics) of Displacement,” which Jill Goldenziel has organized. I would like to share some research Umut Özsu and I are working on. This is a work in progress, but I still think its outlines are worth discussion, by way of historical background. I hope the project also demonstrates quite well why several of us at the International Migration Law Interest Group at the American Society of International Law have been thinking that migration should become more central to the discipline of international law; as central, say, as international humanitarian law.
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Schindler, Dietrich. "International Humanitarian Law: Its Remarkable Development and its Persistent Violation." Journal of the History of International Law / Revue d'histoire du droit international 5, no. 2 (2003): 165–88. http://dx.doi.org/10.1163/157180503770735821.
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Kuryłowicz, Marek. "OD TOTALITARYZMU DO HUMANITARYZMU. LITERACKIE WIZJE PRAWA RZYMSKIEGO." Zeszyty Prawnicze 11, no. 1 (December 21, 2016): 13. http://dx.doi.org/10.21697/zp.2011.11.1.02.
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FROM TOTALITARIANISM TO HUMANITARIANISM. LITERARY VISIONS OF ROMAN LAW Summary In literary works the Roman law usually performs the part of the symbol of law, either just and human or bad and unfair according to needs. Those visions became one of the paths to create the notion of Roman law and its universal role in European history. The article shows such examples from the Polish literaturę For the 19th century it was characteristic to regard the history of Rome as an opposition of imperial, totalitarian and pagan state and the nascent and finally triumphing Christian Rome. In the 20th century there appears a literary symbol of Roman law as humanitarian law established by the people to fulfill free thought and justice. Such an image was born in certain times as a reaction to fascist and communist experience of totalitarian states, when Roman law – according to literary wording (L. Aragon; M. Jastrun) – for some time „ceased to exist”. Consequently we have to do with a dual literary vision of Roman law. In the totalitarian Roman state in antiquity the law served the authorities and was an instrument to achieve imperial purposes. Two thousands years later, in 20th century, Roman law confronted with totalitarian states becamea symbol of humanitarian and just law. This interesting subject is certainlyworth further investigation.
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Rey-Schyrr, Catherine. "Les Conventions de Genève de 1949: une percée décisive (seconde partie)." International Review of the Red Cross 81, no. 835 (September 1999): 499–529. http://dx.doi.org/10.1017/s1560775500059770.
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At the outbreak of the Second World War, international humanitarian law was made up of the various Hague Conventions of 1907 and the two 1929 Geneva Conventions, none of which dealt in a satisfactory manner with the risks faced by the civilian population. Experience during the war made a major revision of international humanitarian law a priority after 1945. This articles traces the history of that endeavour up to the adoption by a diplomatic conference, on 12 August 1949, of the four Geneva Conventions for the protection of war victims. Particular emphasis is laid on the link between the ICRC's wartime experience with the inadequate law of the day and the negotiations for new legal provisions. The second part of the article identifies the major advances represented by the 1949 Geneva Conventions, one of the more important being the fact that the law's scope was extended to non-international armed conflicts. Though making no claim to perfection, the new Geneva Conventions nevertheless laid a sound basis on which adequate solutions may be found when military considerations and humanitarian exigencies clash.
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Jakovljević, Boško. "The right to humanitarian assistance—Legal aspects—." International Review of the Red Cross 27, no. 260 (October 1987): 469–84. http://dx.doi.org/10.1017/s0020860400023159.
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Throughout history man has been exposed to all kinds of disasters; but in modern times mankind has become aware of its responsibility towards those struck by disasters, and of its increased capability of coping with their consequences. Out of this growing awareness arose the concept of humanitarian assistance as a reflection of solidarity; this was followed by the formulation of legal rules governing such activity. Parallel to the need to provide humanitarian assistance is the corresponding right to such assistance.
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Dugard, John. "South Africa's Truth and Reconciliation Process and International Humanitarian Law." Yearbook of International Humanitarian Law 2 (December 1999): 254–63. http://dx.doi.org/10.1017/s1389135900000441.
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Since its establishment in 1995, the South African Truth and Reconciliation Commission has captured the attention of an international community preoccupied with the problem of dealing with crimes of the past in divided societies. While the creation of a permanent international criminal court to punish those guilty of atrocities constituting international crimes has been the first priority, the international community has, albeit grudgingly, accepted that there may be circumstances in which amnesty and reconciliation hold out more hope for troubled societies than punishment. This realisation has led to the search for an acceptable alternative to punishment that does not result in absolute amnesty for those guilty of gross human rights abuses. The South African model, of conditional amnesty accompanied by the uncovering of the past, appears to offer such an alternative. This factor, together with the relief over the fact that apartheid has at last been laid to rest, accounts for the interest shown in the South African experience.The present note will not attempt to describe and analyse the South African precedent in detail. Instead it will provide an overview of the history, establishment and work of the South African Truth and Reconciliation Commission (TRC); examine the significance of the Report of the TRC for international humanitarian law; and consider the status of amnesty under contemporary international law in the context of the South African experience.
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Forsythe, David P. "The International Committee of the Red Cross and humanitarian assistance: A policy analysis." International Review of the Red Cross 36, no. 314 (October 1996): 512–31. http://dx.doi.org/10.1017/s0020860400076117.
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In today's armed conflicts and complex emergencies more civilians suffer than combatants. After the Cold War one could identify a zone of turmoil in which civilian suffering was acute. But one could also identify a zone of stability from which operated a complicated system of humanitarian assistance designed to respond to civilian suffering. Media coverage emphasized the suffering, but never before in world history had such a kaleidoscope of humanitarian actors tried to provide emergency relief during armed conflicts and complex emergencies. Inevitably calls were heard for better organization and coordination, and in 1991–92 the United Nations created a Department of Humanitarian Affairs (DHA).
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Brauman, Rony. "Oases of Humanity and the Realities of War." Journal of Humanitarian Affairs 1, no. 2 (May 1, 2019): 43–50. http://dx.doi.org/10.7227/jha.017.
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Abstract The rehabilitation of international humanitarian law (IHL) has become a priority for those who think that the horrors of contemporary wars are largely due to the blurring of the distinction between civilians and combatants and for those who think that campaigning for the respect of IHL could result in more civilised wars. Similarly, respect for humanitarian principles is still seen by many as the best tool available to protect the safety of aid workers. In this text, I argue that both assumptions are misled. The distinction between civilians and combatants, a cornerstone of IHL, has been blurred in practice since the late nineteenth century. In addition, humanitarian agencies claiming to be ‘principled’ have been victims of attacks as much as others. History and current practice tell us that neither IHL nor humanitarian principles provide safety or can guide our decisions. Accepting their symbolic value, rather than their unrealised potential to protect and solve operational dilemmas, would free humanitarian agencies from endless speculations.
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Slim, Hugo. "Humanitarian Diplomacy: The ICRC's Neutral and Impartial Advocacy in Armed Conflicts." Ethics & International Affairs 33, no. 1 (2019): 67–77. http://dx.doi.org/10.1017/s0892679418000904.
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AbstractAs part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming.
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Fortin, Katharine. "Complementarity between the ICRC and the United Nations and international humanitarian law and international human rights law, 1948–1968." International Review of the Red Cross 94, no. 888 (December 2012): 1433–54. http://dx.doi.org/10.1017/s181638311300043x.
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AbstractThis article shows that between the drafting of the Universal Declaration of Human Rights in 1948 and the Tehran conference in 1968, international human rights law and international humanitarian law and their respective guardian institutions, the United Nations (UN) and the International Committee of the Red Cross (ICRC), were not so conceptually far apart as is sometimes suggested. Its purpose is to give further legitimacy to the role of human rights law in armed conflict and show that cooperation between the UN and the ICRC has a long history.
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Mutuma, Kenneth Wyne. "The silence of Africa in the international humanitarian law debate." African Yearbook on International Humanitarian Law 2021 (2021): 134–49. http://dx.doi.org/10.47348/ayih/2021/a5.
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International humanitarian law (IHL), as a component of international law, specifically seeks to limit the effects of warfare. The law of wars aims to limit suffering by regulating how war is fought. Despite the universal nature of most rules of IHL, Africa has been largely left behind, especially in the development of these laws and also in understanding and applying such laws on the continent. Notably, Africa has had its fair share of armed conflicts over the years, the effects of which have been devastating. However, there has been a disconnect between the development and the application of the rules of IHL in Africa. The history of Africa has led to the continent being disconnected from the development of IHL over the years. This article, therefore, aims to illustrate the gaps that exist in regard to Africa in the development of IHL as well as the exclusion of Africa’s concerns from the global IHL debate. The article considers why there is regional disengagement when it comes to IHL debates on the continent. This is done by first examining the reality of wars in Africa, which are similar to those that have occurred in other parts of the world. The article then considers the development of IHL as a body of international law that regulates armed conflicts and the gaps that exist in its application to and development in Africa. Finally, this article reflects on some of the ways of ensuring that Africa does not remain passive when engaging in the global IHL debate.
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Grosescu, Raluca, and Ned Richardson-Little. "Revisiting State Socialist Approaches to International Criminal and Humanitarian Law: An Introduction." Journal of the History of International Law / Revue d’histoire du droit international 21, no. 2 (June 27, 2019): 161–80. http://dx.doi.org/10.1163/15718050-12340110.
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Abstract This introductory essay provides an overview of the scholarship on state socialist engagements with international criminal and humanitarian law, arguing for a closer scrutiny of the socialist world’s role in shaping these fields of law. After the fall of the Berlin Wall, the historiography on post-1945 international law-making has been generally dominated by a post-1989 sense of Western triumphalism over socialism, where the Soviet Union and its allies have been presented as obstructionists of liberal progress. A wave of neo-Marxist scholarship has more recently sought to recover socialist legal contributions to international law, without however fully addressing them in the context of Cold War political conflict and of gross human rights violations committed within the Socialist Bloc. In contrast, this collection provides a balanced understanding of the socialist engagements with international criminal and humanitarian law, looking at the realpolitik agendas of state socialist countries while acknowledging their progressive contributions to the post-war international legal order.
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Bagheri, Saeed. "Bryan Peeler, The Persistence of Reciprocity in International Humanitarian Law." Edinburgh Law Review 26, no. 1 (January 2022): 148–49. http://dx.doi.org/10.3366/elr.2022.0755.
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Rozin, Vadim Markovich. "A.P. Ogurtsov on the humanitarian and anthropological turn." Философская мысль, no. 5 (May 2022): 22–30. http://dx.doi.org/10.25136/2409-8728.2022.5.38137.
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The author discusses the concept of the humanitarian-anthropological turn formulated by the famous Russian philosopher Alexander Pavlovich Ogurtsov. He analyzes the views of V. Dilthey, showing that he is not only the initiator of the humanitarian discourse, but also, in fact, develops a new humanitarian and spiritually oriented direction of philosophy alternative to the natural science approach. The author analyzes the situation that necessitated the development of this direction, as well as the concepts of "life", "history", "understanding", "expression" and "experience", which Dilthey puts at the foundation of his philosophical system. He shows that the essential feature of the listed concepts is a double modality and discursivity. On the one hand, history (respectively, life, understanding, expression, experience) is "singular", that is, it does not change according to some law, but due to random circumstances, on the other hand, life changes quite lawfully, under the influence of the mechanisms of culture, language, economics, human relationships, technology. Dilthey's interest in the holistic analysis of life is explained. The author shows that within the framework of humanitarian and anthropological study, the integrity of life is determined by a number of factors: the problem that the researcher solves, the narratives and texts available to him, the methodology of humanitarian cognition. In other humanitarian studies, these factors will change, therefore, the integrity of life will also change. It turns out that the integrity of life, over which Dilthey struggled, is not independent of the researcher, his personality and life, it is constituted in the very process of humanitarian cognition, partly as a singular, partly a natural phenomenon.
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Rajan, Sanoj. "Principles of Laws of War in Ancient India and the Concept of Mitigating Armed Conflicts through Controlled Fights." Journal of International Humanitarian Legal Studies 5, no. 1-2 (January 10, 2014): 333–51. http://dx.doi.org/10.1163/18781527-00501014.
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While modern international humanitarian law is most directly linked to 19th and 20th century Europe and The Hague and Geneva Conventions, cultures throughout history have developed rules of warfare for the protection of non-combatants and civilian populations. This paper provides an overview of the Dharma-based Hindu and Buddhist norms for conflict in Ancient India, and then proceeds to a detailed examination of the practices of Ankam and Mamamkam on the medieval Malabar Coast from the Sangam period through the rule of the Zamorins of Calicut. Ankams were ad hoc proxy duels between professional fighters conducted to resolve inter-state disputes, while Mamamkam was a periodic contest designed to allow relatively bloodless transfer of power. Both demonstrate an understanding of modern concepts of proportionality, distinction and victims’ protection. The paper concludes by enumerating the humanitarian values carried by Ankams and Mamamkam.
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Mckinnon, Fiona. "Reprisals as a Method of Enforcing International Law." Leiden Journal of International Law 4, no. 2 (September 1991): 221–48. http://dx.doi.org/10.1017/s0922156500002302.
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Reprisals originally served individuals seeking redress for an injustice suffered abroad. The concept, however, has undergone extensive development. Nowadays, reprisals are -in themselves illegal- retaliatory measures used by one state seeking redress for an illegal act committed by another. The prerequisites for legal reprisals areformulated in the Naulilaa Incident arbitration of 1928. In her examination of the recent history of the concept of reprisals, this arbitration is the author's starting point. After this examination she compares reprisals to other methods of redress. Finally, she investigates the limitation of the use of reprisals as laid down in humanitarian law treaties.
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Schmidt, Frank. "Recommendations for improving the security of humanitarian workers." International Review of the Red Cross 37, no. 317 (April 1997): 152–55. http://dx.doi.org/10.1017/s0020860400085089.
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The meeting of heads of delegation and regional delegates held in Glion from 19 to 22 January 1997 was a milestone in the recent history of the ICRC. Its aim was to mobilize senior operational staff around security issues in situations where humanitarian operations are undertaken. The recent tragic events affecting the ICRC (the assassination of ten staff members in Burundi, Chechnya and Cambodia) and the murder of three members of Médecins du monde as well as four United Nations human rights monitors in Rwanda, have highlighted the need to reassess security and humanitarian action on behalf of conflict victims.
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Savelsberg, Joachim J. "Writing Human Rights History—And Social Science Encounters." Law & Social Inquiry 38, no. 02 (2013): 512–37. http://dx.doi.org/10.1111/lsi.12017.
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This review essay on Aryeh Neier'sThe International Human Rights Movement:A History(Princeton University Press, 2012) discusses Neier's central themes: the origins and maturation of the movement and its effects, including the expansion of human rights and humanitarian law, enhanced criminal accountability for human rights crimes, and the appearance of criminal tribunals, culminating in the International Criminal Court. An overview is interspersed by imaginary conversations between Neier and scholars who speak to his themes, especially legal scholar Jenny Martinez, political scientists Margaret Keck and Kathryn Sikkink, historians Devin Pendas and Tomaz Jardim, and sociologists John Hagan, Daniel Levy, Natan Sznaider, Joachim Savelsberg, and Ryan D. King. Linking a practitioner's account with scholarly analyses yields some benefits of “Pasteur's Quadrant.”
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FAITE 1, ALEXANDRE. "Involvement of private contractors in armed conflict: implications under international humanitarian law." Defence Studies 4, no. 2 (January 2004): 166–83. http://dx.doi.org/10.1080/1470243042000325887.
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Gunawan, Yordan, Mohammad Haris Aulawi, and Andi Rizal Ramadhan. "Command Responsibility of Autonomous Weapons Systems under International Humanitarian Law." Jurnal Cita Hukum 7, no. 3 (December 18, 2019): 351–68. http://dx.doi.org/10.15408/jch.v7i3.11725.
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AbstractWar and Technological development have been linked for centuries. States and military leaders have been searching for weapon systems that will minimize the risk for the soldier, as technology-enabled the destruction of combatants and non-combatants at levels not seen previously in human history. Autonomous Weapon Systems are not specifically regulated by IHL treaties. On the use of Autonomous Weapons Systems, there are three main principles that must be considered, namely principle of Distinction, Proportionality and Unnecessary Suffering. Autonomous weapon systems may provide a military advantage because those systems are able to operate free of human emotions and bias which cloud judgement. In addition, these weapon systems can operate free from the needs for self-preservation and are able to make decisions a lot quicker. Therefore, it is important to examine who, in this case, the commander can be held responsible when an Autonomous Weapon System will commit a crime.Keywords: Command Responsibility, Autonomous Weapons Systems, International Humanitarian Law AbstrakPerang dan perkembangan Teknologi telah dikaitkan selama berabad-abad. Para pemimpin negara dan militer telah mencari sistem senjata yang akan meminimalkan risiko bagi prajurit itu, karena teknologi memungkinkan penghancuran para pejuang dan non-pejuang pada tingkat yang tidak terlihat sebelumnya dalam sejarah manusia. Sistem Senjata Otonom tidak secara spesifik diatur oleh perjanjian IHL. Pada penggunaan Sistem Senjata Otonom, ada tiga prinsip utama yang harus diperhatikan, yaitu prinsip Perbedaan, Proportionalitas, dan Penderitaan yang Tidak Perlu. Sistem senjata otonom dapat memberikan keuntungan militer karena sistem tersebut dapat beroperasi bebas dari emosi manusia dan bias yang menghakimi. Selain itu, sistem senjata ini dapat beroperasi bebas dari kebutuhan untuk pelestarian diri dan mampu membuat keputusan lebih cepat. Oleh karena itu, penting untuk memeriksa siapa, dalam hal ini, komandan dapat bertanggung jawab ketika Sistem Senjata Otonom akan melakukan kejahatan.Kata kunci: Tanggung Jawab Komando, Sistem Senjata Otonom, Hukum Humaniter Internasional АннотацияВойна и развитие технологий были связаны на протяжении веков. Государственные и военные лидеры искали системы вооружений, которые минимизируют риски для солдат, потому что технология позволяет уничтожать боевиков и не боeвиков на уровне, невиданном ранее в истории человечества. Автономный Комплекс Вооружения конкретно не регулируется соглашением о МГП (Международное Гуманитарное Право). При использовании Автономного Комплекса Вооружения необходимо учитывать три основных принципа, а именно: принцип различия, пропорциональность и потери среди мирного населения. Автономный Комплекс Вооружения может обеспечить военные преимущества, поскольку он может функционировать без человеческих эмоций и субъективных предубеждений. Кроме того, эта система вооружения может работать без необходимости самосохранения и может принимать решения быстрее. Поэтому важно выяснить, кто, в этом случае, командир, может нести ответственность, когда Автономный Комплекс Вооружения совершит преступление. Ключевые слова: Командная ответственность, Автономный Комплекс Вооружения, Международное Гуманитарное Право
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Maurer, Peter. "Challenges to Humanitarian Action in Contemporary Conflicts: Israel, the Middle East and Beyond." Israel Law Review 47, no. 2 (June 6, 2014): 175–80. http://dx.doi.org/10.1017/s002122371400003x.
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The latest developments in the Middle East region are of great concern to the International Committee of the Red Cross (ICRC). The current level of violence, displacement and destruction in and around Syria is unprecedented in a region that has already suffered conflict and instability for most of its modern history. According to recent figures released by the United Nations (UN), over 100,000 people have died from the fighting in Syria; more than six million have been forced to flee their homes, including two million who have found refuge in neighbouring countries. This is putting an immense strain on host communities and governments.
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SIVAKUMARAN, SANDESH. "Torture in International Human Rights and International Humanitarian Law: The Actor and the Ad Hoc Tribunals." Leiden Journal of International Law 18, no. 3 (October 2005): 541–56. http://dx.doi.org/10.1017/s0922156505002864.
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In seeking to define torture in international humanitarian law, the ICTY and ICTR have turned to the definition of torture contained in the UN Convention against Torture for guidance. The Convention definition contains a requirement that the actor be a public official or other person acting in an official capacity. The ad hoc tribunals have put forward various views as to whether this is an element of the definition of torture in international humanitarian law. This article examines these views. Potentially more significant are the pronouncements of the tribunals on the actor element of the definition of torture in international human rights law. This article also explores these pronouncements. It compares them with the drafting history of the Convention against Torture and with the jurisprudence of the Committee against Torture, the European Court of Human Rights and the UN Human Rights Committee. It questions whether the approach of the ad hoc tribunals is part of a trend towards a wider reading of ‘the actor’ in international human rights law.
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Sayapin, Sergey. "International Law in Central Asia: Practices and Doctrines." Review of Central and East European Law 47, no. 3-4 (December 22, 2022): 322–51. http://dx.doi.org/10.1163/15730352-bja10072.
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Abstract Since their independence in 1991, the states of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) have become increasingly important as regional and international actors. They have joined the United Nations (UN) as well as regional organizations, such as the Commonwealth of Independent States (cis), the Collective Security Treaty Organization (csto), the Shanghai Cooperation Organisation (sco), and the Eurasian Economic Union (eaeu). International law has played an important role in the processes of state-building and integration these countries have undergone, yet it has not always been consistently accepted as a policy tool and academic discipline. In particular, building a stable nexus between the practice of international law and academic research on the subject remains a challenge. This article provides an overview of Central Asian practices and doctrines of international law with a focus on international peace and security, international organizations, international environmental law, human rights, international humanitarian and criminal law, and international investment arbitration. It concludes with recommendations for more successful promotion and implementation of international law in the region.
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Stepanenko, Raviya F. "Social Significance of the RSFSR Criminal Code of 1922: historical, legal and humanitarian aspects." RUDN Journal of Law 26, no. 4 (December 15, 2022): 877–89. http://dx.doi.org/10.22363/2313-2337-2022-26-4-877-889.
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The article examines experience and practices of the formation of the Soviet criminal legislation of the post-revolutionary period of Russia at the beginning of the 20th century and their significance for the development of domestic system of law. Attention is focused on the analysis of the norms of the General Part of the Criminal Code of the RSFSR of 1922, for the first time in the national history of state and law, which meaningfully fix social and humanistic patterns that were not previously characteristic of the criminal law normative sphere. The complexity of generating ideas and foundations of Soviet criminal law in conditions of uncertainty, multiplied by many problems of a political, socio-economic, legal, cultural, and other nature, determined the dominance of the ideological content of the introduced restrictions and penalties. On the other hand, the peculiarities of punishment system formation of the period under review should include the innovative social and humanistic orientation, which later became the basis for democratization and humanization of criminal, penitentiary, and criminal procedural law in Russia.
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Kolb, Robert. "The relationship between international humanitarian law and human rights law: A brief history of the 1948 Universal Declaration of Human Rights and the 1949 Geneva Conventions." International Review of the Red Cross 38, no. 324 (September 1998): 409–19. http://dx.doi.org/10.1017/s002086040009121x.
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Today there can no longer be any doubt: international humanitarian law and international human rights law are near relations. This oft-repeated observation must now be accepted by all. Many believe that the close relationship between these two areas existed and was perceived “from the outset”. That is not at all the case. Formerly assigned to separate legal categories, it was only under the persistent scrutiny of modern analysts that they revealed the common attributes which would seem to promise many fruitful exchanges in the future. Let us try to clarify the situation.
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Lossier, Jean-Georges. "Anniversary message." International Review of the Red Cross 34, no. 303 (December 1994): 522–25. http://dx.doi.org/10.1017/s0020860400072788.
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Few journals have the opportunity, as the Review has today, of celebrating their 125th anniversaries. A more suitable occasion could hardly be found to highlight the publication's important contribution to the study of a broad range of subjects, including the Fundamental Principles of the Red Cross and Red Crescent, international humanitarian law, the activities of the International Red Cross and Red Crescent Movement, the history of humanitarian ideas and of those who have championed them, world peace and international ethical standards. In fact, an outstanding feature of the Review over the past fifty years has been the very scope and diversity of the subjects it addresses. Two of these, among others, have played a significant role in the development of the Movement.
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Gurmendi Dunkelberg, Alonso. "It’s a Trap! Re-Thinking Samuel Moyn’s Humane Beyond the North Atlantic." Journal of International Humanitarian Legal Studies 12, no. 2 (November 29, 2021): 345–60. http://dx.doi.org/10.1163/18781527-bja10039.
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Abstract Samuel Moyn’s latest book, Humane: How the United States Abandoned Peace and Reinvented War, offers a compelling re-reading of the history of the laws of war not as the precursors of international humanitarian law, but as enablers of what he calls “inhumane war”. Instead of advancing the cause of humanization of war, Moyn argues in favour of pacificism and the abolition of war in its entirety. And yet, Moyn’s decision to tell his history through two interconnected but different parts – one on the broader history of the laws of war and another on the very recent present of US domestic politics – forces the book to embrace a North Atlantic, Anglo-American vision of international law that robs it of valuable insights from the Global South and its relationship to the same body of laws. In this review essay, I explore these missed connections seeking to offer a more global approach to the history of war and peace.
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Sydorova, Elvira, Oleksandr Yunin, Dmytro Zhuravlov, Andriy Fomenko, and Serhii Shevchenko. "Historical prerequisites for the formation of the foundations of the modern humanitarian policy of Ukraine." Revista Amazonia Investiga 11, no. 58 (November 30, 2022): 28–38. http://dx.doi.org/10.34069/ai/2022.58.10.3.
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The purpose of the research is to study рistorical background of formation of basements of contemporary humanitarian policy of Ukraine. The subject of the study is the humanitarian policy of Ukraine at different times of the development of the country. Methodology. The following methods of scientific knowledge helped to achieve the objectives set in the Article: logical modeling, logical and semantic, historical and legal, comparative analysis, abstract and logical. Research results. The legal instruments, which determined the principles of policy in the humanitarian sphere of various state systems on the territory of modern Ukraine in historical retrospect are considered. Considerable attention is paid to problems and difficulties, as well as approaches to the periodization of the history of the state and law in Ukraine, the periods of policy implementation in the humanitarian sphere on the Ukrainian lands at different times. Practical implementation. The peculiarities of the historical aspects of the formation of Ukraine’s humanitarian policy, which are related to long stateless periods, when Ukraine was part of the state systems of various empires, are determined. Value/originality. It is proven that the Soviet period of totalitarianism could not destroy the progressive assets of the Ukrainian people in matters of State formation according to the Western model.