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Journal articles on the topic 'Internal conflicts of law'
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Ben-Shemesh, Yaacov. "Law and Internal Cultural Conflicts." Law & Ethics of Human Rights 1, no. 1 (January 1, 2007): 271–308. http://dx.doi.org/10.2202/1938-2545.1008.
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Liberal political theory acknowledges the interdependence of the wellbeing of individuals and the flourishing of the cultural groups to which they belong. Consequently, many liberal political philosophers have proposed policies and laws aimed at multicultural accommodation. That is, policies and laws aimed at assisting communities to preserve their cultural values and practices, and at allowing them greater autonomy and self-government. However, certain religious and cultural groups hold beliefs, values, and practices that are oppressive and discriminatory against some of their own members. Accommodating such groups may contribute to the discrimination and oppression. This question of minorities within minorities poses a real dilemma for liberal political philosophy. In this Paper I focus on certain cases that fall under the minorities within minorities framework that raise particularly complicated theoretical considerations. These are the cases where the demands for equal treatment are raised not by the state or by outsiders, but by disadvantaged individuals and groups within a community, who base their claim for greater equality not on the superiority of liberal values over the values of their culture but rather on an alternative, competing, interpretation of the values of their culture. I suggest that strong normative considerations support the view that the liberal state should assist challenges by marginalized individuals within communities to reinterpret cultural values and traditions in ways more favorable to them.
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Mullerson, R. "INTERNATIONAL HUMANITARIAN LAW IN INTERNAL CONFLICTS." Journal of Conflict and Security Law 2, no. 2 (December 1, 1997): 109–33. http://dx.doi.org/10.1093/jcsl/2.2.109.
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Asongu, Simplice A., Joseph I. Uduji, and Elda N. Okolo-Obasi. "Drivers and Persistence of Death in Conflicts: Global Evidence." World Affairs 183, no. 4 (November 17, 2020): 389–429. http://dx.doi.org/10.1177/0043820020964274.
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We investigate persistence and determinants of deaths from conflicts in a sample of 163 countries for the period 2010–2015. The empirical evidence is based on the Generalized Method of Moments. First, the findings are contingent on income levels, religious domination, landlockedness, regional proximity, and legal origins. We find that the persistence of deaths in internal conflict is more apparent in coastal, French civil law, and Islam-oriented countries, compared to landlocked, English common law, Christian-oriented countries, respectively. Second, the following factors are generally responsible for driving deaths from internal conflicts: homicides, conflict intensity, and conflicts fought. Furthermore, incarcerations have negative effects on internal conflicts. Justifications for the established tendencies and policy implications are discussed.
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Ochmann, Paweł, and Jakub Wojas. "Wojna hybrydowa jako przykład umiędzynarodowionego konfliktu wewnętrznego." Studia Prawa Publicznego, no. 2(22) (June 15, 2019): 101–21. http://dx.doi.org/10.14746/spp.2018.2.22.5.
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The paper deals with internal conflicts, their internationalisation and a hybrid war. In the 1990s many military conflicts could have been regarded as domestic conflicts or internationalised internal conflicts. According to the authors internationalised internal conflicts and a hybrid war have much in common. The purpose of the paper is to compare and confront distinctive characteristics of internationalised internal conflicts with the model of hybrid war. The authors scrutinize definitions of an internal, domestic conflict and a hybrid war, and the possibilities and likelihood of their occurrence. Finally the issue is analysed in terms of international public law. ‘Hybrid war’ is a term not defined in public international law. However it is commonly used not only by media and politicians, but also by academics in a sci- entific discourse. A question arises to what extent it is justified to use a term in the context of different military conflicts, like for instance the one in the East Ukraine that has been going on since 2015. Therefore it is necessary to explain what the term ‘hybrid war’ means. In order to do so, it is necessary to try to define the term. Its distinctive characteristics must be indicated. Then, many military conflicts will be analysed to determine whether they satisfy the requirements for qualifying them as a ‘hybrid war’ or an internationalised internal conflict. The research leads to a conclusion that an internationalised internal conflict gives many opportunities for applying to it methods characteristic of a hybrid war. In the course of an internationalised internal conflict there are many ways in which the aggressor can evade international liability and the authors attempt to answer how to prevent this.
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Михайлова, Татьяна, Tat'yana Mihaylova, Олег Трубников, and Oleg Trubnikov. "Management activity of the head of the territorial body of the Ministry of internal Affairs of Russia in the prevention and resolution of professional conflicts." Applied psychology and pedagogy 3, no. 3 (July 2, 2018): 33–42. http://dx.doi.org/10.12737/article_5b1ef5392f6574.07715728.
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The way searching to increase the efficiency activity of system of law enforcement agencies in Russia has led to the fact that the force using in professional employees interaction is absolutely unproductive. The problem of leveling of consequences of the conflicts destructive influence on group activity results will increase not only efficiency of the head of law-enforcement body activity, but also professional activity of the Ministry of Internal Affairs of the Russian Federation as a whole.
While studying the conflicts influence on the efficiency of office activity of divisions of law-enforcement bodies the social and psychological factors have been studied, which influence on conflict behavior tactics of Internal Affairs Departments heads, and ways of their solution .
Using the method to define the ways of the conflicts regulation (K. Kenneth Thomas) and the questionnaire "Behavior tactics in the conflict" social and psychological factors of conflict behavior in office groups of staff of bodies of internal affairs are investigated.
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Olbourne, Ben. "REFUGEES AND INTERNAL ARMED CONFLICTS." Cambridge Law Journal 60, no. 3 (November 21, 2001): 441–92. http://dx.doi.org/10.1017/s0008197301221199.
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Most people forced to flee across national borders do so to escape the consequences of internal armed conflicts. But the extension of protection to such people by the countries from which they seek asylum has proved to be uncertain. Most of these countries have undertaken protection obligations towards persons claiming refugee status in accordance with the 1951 Convention for the Protection of Refugees (“the Convention”). For the purposes of the Convention, a “refugee” is defined as any person who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country” (Article 1A(2)). Although that definition is contained in an international instrument, national immigration laws incorporate or refer to it and its construction and application generally fall to national administrators and judges. It is, therefore, not altogether surprising that decision-makers in different countries reach different conclusions as to its scope and meaning. Such is the case with Minister for Immigration and Multicultural Affairs v. Haji Ibrahim (2000) 175 A.L.R. 585, in which the High Court of Australia rejected the approach of the House of Lords in Adan v. Secretary of State for the Home Department [1999] 1 A.C. 293. At issue in both cases were claims for refugee status made by persons having fled Somalia, a country riddled by internecine clan conflict and lacking any recognisable governmental authority. Although the ultimate decision in each case turned on the appreciation of the specific findings of fact made by the initial adjudicators, a significant difference of approach in the application of the Convention definition may be identified.
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Solis, Gary. "Applying international law to internal armed conflicts." Dynamics of Asymmetric Conflict 4, no. 1 (March 2011): 59–62. http://dx.doi.org/10.1080/17467586.2011.560274.
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CHUMACHENKO, Ivan. "Internal and Cross-Border Conflict of Laws Regulation in the United States of America." Journal of Advanced Research in Law and Economics 9, no. 3 (June 15, 2020): 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.
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The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States.
The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
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Magallon Elósegui, Nerea. "La vecindad civil y los conflictos inter temporales en la ley de Derecho civil vasco = The Basque civil neighbourhood and the intertemporal conflicts in the Basque civil law." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 253. http://dx.doi.org/10.20318/cdt.2019.4957.
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Resumen: A través de la Ley de Derecho civil vasco 5/2015 se crea la vecindad civil vasca lo que supone un cambio automático de ley aplicable de todos aquellos que tuvieran vecindad civil en alguno de los territorios de la Comunidad Autónoma del País Vasco. Su creación reaviva de nuevo el debate sobre la competencia entre las CCAA y el Estado en materia de resolución de conflictos de leyes internos; y al mismo tiempo comporta la potencial multiplicación de los problemas adheridos al conflicto móvil en materia sucesoria. En este trabajo se analizará en primer lugar la adecuación de la nueva vecindad civil a los parámetros constitucionales y, en segundo lugar, los problemas de Derecho intertemporal que origina; todo ello ilustrado con la Resolución de l a Dirección General de Registros el Notariado de 12 de junio de 2017 que proyecta esta nueva realidad sobre la práctica.Palabras clave: Derecho Interregional, conflictos internos, Ley de Derecho Civil vasco, vecindad civil vasca, art. 9.8 CC, conflicto móvil, sucesiones, legitimas y preterición.Abstract: Through the Basque Civil Law Act 5/2015 the Basque civil neighbourhood is created, which implies an automatic change of civil neighbourhood of all those who have a civil neighbourhood in one of the territories of the autonomous Community of the Basque Country. Its creation revives again the discussion on the competition between the CCAA and the State to respond to conflicts arising from interaction between various territorial legislative systems or internal conflicts. At the same time this creation involves the potential multiplication of the problems adhering to the mobile conflict in successions. This paper will first analyze the adequacy of the new civil neighbourhood to the constitutional parameters and, secondly, the problems of intertemporal law that originates, illustrated through the Resolution of the Directorate General of Registries The Notarized, of June 12, 2017, which projects this new reality on the practice.Keywords: Interregional law, internal conflicts, Basque.
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Boelaert-Suominen, Sonja. "Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts." Leiden Journal of International Law 13, no. 3 (September 2000): 619–53. http://dx.doi.org/10.1017/s0922156500000406.
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This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.
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Kalshoven, Frits. "A Colombian View on Protocol II." Yearbook of International Humanitarian Law 1 (December 1998): 262–68. http://dx.doi.org/10.1017/s1389135900000143.
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Colombia, which never deigned to sign the Additional Protocols of 1977, in 1993 acceded to Protocol I on the protection of victims of international armed conflicts, and in 1996 to Protocol II applicable in situations of non-international (or internal) armed conflict. The latter step was the more remarkable in that Colombia for more than four decades was (and is to the present day) the scene of virulent internal armed conflict.
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Menon, Parvathi. "Self-Referring to the International Criminal Court: A Continuation of War by Other Means." AJIL Unbound 109 (2015): 260–65. http://dx.doi.org/10.1017/s2398772300001562.
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Weak sub-Saharan African states use international law and its institutions to legitimate their actions and delegitimate their internal enemies. In this essay, I argue that during internal armed conflicts, African states use international criminal law to redefine the conflict as international and thereby rebrand domestic political opponents as international criminals/enemies who are a threat to the entire community. This in turn sets the stage for invoking belligerent privileges under international humanitarian law (IHL).
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Robinson, Darryl, and Herman von Hebel. "War Crimes in Internal Conflicts: Article 8 of the ICC Statute." Yearbook of International Humanitarian Law 2 (December 1999): 193–209. http://dx.doi.org/10.1017/s1389135900000428.
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The development of rules governing non-international, or internal, armed conflicts has long been characterized by a profound tension between concerns of sovereignty and concerns of humanity. Historically, strong sovereignty-oriented interests dictated a slow and cautious pace of progress in this sensitive area. In recent years, however, a growing humanitarian concern for the protection of victims has prompted rapid developments in the regulation of internal armed conflict. This transformation has been greatly assisted by the establishment of the twoad hocTribunals for the former Yugoslavia and Rwanda by the Security Council, in 1993 and 1994 respectively, and the operation of these bodies. Clear trends in this area include not only the articulation and recognition of a growing body of norms applicable in internal armed conflicts but also the expanding criminalization of violations of those norms. In a world where most armed conflicts are of a non-international character, these developments are of the greatest significance.From 15 June to 17 July 1998, delegations from 160 countries assembled in Rome to negotiate and adopt a Statute for an International Criminal Court (ICC), with jurisdiction over genocide, crimes against humanity and war crimes.
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Weissbrodt, David, and Peggy L. Hicks. "Implementation of human rights and humanitarian law in situations of armed conflict." International Review of the Red Cross 33, no. 293 (April 1993): 120–38. http://dx.doi.org/10.1017/s0020860400071540.
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Governments are principally responsible for the implementation of international human rights and humanitarian law during periods of armed conflict. During non-international armed conflicts, governments and armed opposition groups each bear responsibility for their obedience to those norms.International organizations can encourage the participants in armed conflicts to respect human rights and humanitarian law. The International Committee of the Red Cross (ICRC) has long played a leading role in working for the application of humanitarian law during armed conflicts; it has also begun to refer to human rights law in situations of internal strife or tensions not covered by international humanitarian law. The United Nations General Assembly, the UN Commission on Human Rights, the International Court of Justice, and several other intergovernmental organizations have occasionally attempted to secure respect for human rights law during armed conflicts and have referred on an irregular basis to humanitarian law in such endeavors. The UN Security Council has almost exclusively used humanitarian law in its decisions.
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Cohen, Madeline E. "International Humanitarian Law of Armed Conflict: A Critical Annotated Bibliography for Collection Development." International Journal of Legal Information 40, no. 3 (2012): 393–416. http://dx.doi.org/10.1017/s0731126500011422.
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This annotated bibliography is compiled as a collection development guide for academic librarians and specialists in international law. The topic of International Humanitarian Law of Armed Conflict concerns the treatment of combatants and noncombatants in wartime, while the topic of International Human Rights Law has traditionally been concerned with the treatment of individuals by states in peacetime. During the period from the end of the twentieth century to the present, the boundaries between international humanitarian law and human rights law have become increasingly blurred. Therefore, this article concentrates on core sources inbothbranches of international law in these key areas of overlap: conflicts between states; internal conflicts; insurgencies.
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Balint, Jennifer L. "The Place of Law in Addressing Internal Regime Conflicts." Law and Contemporary Problems 59, no. 4 (1996): 103. http://dx.doi.org/10.2307/1192194.
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Ghalib Ali MAAROUF, Akram. "INTERNATIONAL PROTECTION OF CHILDREN DURING INTERNAL ARMED CONFLICTS." RIMAK International Journal of Humanities and Social Sciences 4, no. 6 (November 1, 2022): 186–98. http://dx.doi.org/10.47832/2717-8293.20.11.
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Children have become one of the most vulnerable classes to harm، especially life risks، in light of the anxious security conditions and the processes of internal armed conflict. Perhaps one of the most dangerous circumstances is the lack of respect for the principles of international humanitarian law، which provided protective rules for civilians and civilian objects during armed conflicts، and by virtue of the physical and mental nature of children has become These people need special protection rules for them. In fact، that protection was codified in the four Geneva Conventions of 1949، the two Additional Protocols of 1977، the Convention on the Rights of the Child of 1989 and the Optional Protocol attached to it for the year 2000. Inflicting harm on children، and remedial protection that focuses on reparation for the damage inflicted on them as a result of those conflicts، and the decisions issued by international organizations have also contributed to strengthening these rules and arranging the rules of international responsibility for violating these provisions. Keywords: International Protection, Internal Armed Conflicts
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Bajoria, Rishabh. "Biggest Internal Security Threat or Non-International Armed Conflict?" Socio-Legal Review 14, no. 2 (January 2018): 212. http://dx.doi.org/10.55496/yscb4726.
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In this paper, I argue that the Maoist insurgency against the Indian State in the “Red Corridor”, spanning a quarter of the Independent Indian State’s territory, including areas in Jharkhand, Chhattisgarh, Andhra Pradesh, Orissa and Maharashtra, constitutes a Non-International Armed Conflict (NIAC) under International Humanitarian Law (IHL). I analyse the development of International law on the question of non-international armed conflicts from Common Article 3 of the Geneva Conventions, to the 1977 Additional Protocol II to the Geneva Conventions, and the recent ICTY and ICTR jurisprudence. This paper asserts that the two main elements required to constitute an NIAC, namely, sufficient organisation of the non-state actor and protracted, intense violence between the non-state actor and the State are fulfilled in the case of the Maoist insurgency by relying upon State Reports, documents released by the Maoists and anthropological/ journalistic accounts of the conflict. Therefore, the Naxals are legal contestants of the Indian State in the Red Corridor, instead of being a mere ‘internal security challenge’.
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Kretzmer, David. "Rethinking the Application of IHL in Non-International Armed Conflicts." Israel Law Review 42, no. 01 (2009): 8–45. http://dx.doi.org/10.1017/s0021223700000431.
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The first step in application by treaty of IHL norms to non-international armed conflicts, adoption of Common Article 3 of the Geneva Conventions, 1949, was taken before the dramatic development of international human rights law (IHRL). The assumption was that unless international humanitarian law (IHL) norms were applied to such conflicts, the way States acted would be unrestrained by international law. With the development of IHRL this assumption is no longer valid. Application of IHL in such conflicts should therefore be re-examined. The Article argues that moving away from IHL in non-international armed conflicts should be based on the following principles: 1. In cases other than international armed conflicts, the presumption should be that the prevailing international legal regime is the human rights regime, based as it is on a law-enforcement model of law, rather than an armed conflict model. 2. The only justification for departure from that regime and for action under the armed conflict model, should be that the level and scope of organized armed violence are such that the State cannot reasonably be expected to act in accordance with the law-enforcement model. The rule of thumb in deciding whether this test has been met could be the definition of non-international armed conflicts adopted in APII. 3. There should be a return to the notion of minimum humanitarian standards or fundamental standards of humanity, which apply to all Parties in all situations, whether armed conflict, internal violence, disturbances, tensions and public emergencies. 4. A State should not be allowed to employ the armed conflict model, without at least some of the norms of protection that this model affords Parties in international armed conflicts. The ideal solution would be to demand that a State, which employs the armed conflict model has to draw the legal consequences and recognize as combatants those members of dissident forces who meet the substantive conditions of combatants under Article 4, paragraph 2 of Third Geneva Convention.
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Eide, Asbjørn. "Internal Conflicts under International Law Focus on Ethnic Conflict, Minority Rights and Human Rights." Bulletin of Peace Proposals 18, no. 4 (October 1987): 515–25. http://dx.doi.org/10.1177/096701068701800404.
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Moir, L. "Grave Breaches and Internal Armed Conflicts." Journal of International Criminal Justice 7, no. 4 (September 1, 2009): 763–87. http://dx.doi.org/10.1093/jicj/mqp050.
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Abd Hannan. "Conflict Resolution and The Violation of Religious Freedom." JURNAL PENELITIAN KEISLAMAN 19, no. 2 (December 30, 2023): 186–205. http://dx.doi.org/10.20414/jpk.v19i2.8497.
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This research aims to examine and discuss the violation of freedom of religion or belief in relation to the handling and resolution of internal religious conflicts among Muslims in contemporary Madura. Methodologically, this research is conducted as a qualitative field study. Two types of data, primary and secondary, are utilized for analysis. The sociological perspective on religion and the law of Freedom of Religion or Belief are employed in this study. Through the analysis of field data, it was found that the handling and resolution of internal Muslim conflict cases in Madura reflect certain dynamics. These dynamics include the Sunni-Shia conflict in Sampang, the closure of the Wahhabi Muslim mosque in Pamekasan, and accusations of religious blasphemy against Kiai Fathor. The study also examines the process and practice of resolving internal conflicts among Muslims in Madura.
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Guțan, Sabin. "Legal Aspects Regarding the Existence of the Internal Armed Conflict." International conference KNOWLEDGE-BASED ORGANIZATION 24, no. 2 (June 1, 2018): 184–88. http://dx.doi.org/10.1515/kbo-2018-0087.
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Abstract The issue of the existence of the internal armed conflict concerns both legal factors and political factors (recognition of the existence of the internal armed conflict). From a legal point of view, to declare a violent social phenomenon as internal armed conflict, we must resort to the specific rules of international humanitarian law: Article 3 common to the Geneva Conventions of 1949 and Article 1 of the First Additional Protocol to these conventions of 1977. However, these regulations, while describing the general parameters of the existence of an internal armed conflict, do not establish clear legal criteria for delimiting the internal armed conflict of internal tensions and disturbances or other forms of non-armed conflicts. This regulatory shortcoming has led to the emergence in the jurisprudence of some states, but also in the international one, of criteria for the existence of the internal armed conflict
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Dubovyk, Kateryna. "Protection of Children’s Rights in International Humanitarian Law." 1, no. 1 (November 28, 2022): 88–101. http://dx.doi.org/10.26565/1727-6667-2022-1-07.
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The article focuses on the protection of children’s rights in international humanitarian law. All over the world, thousands of children are exposed to the dangers of armed conflict. Children are recruited into the civil militia, ranks of the state army, and other military formations. Many children are abducted from schools, streets, and their homes. Some «voluntarily» join the ranks of military formations because they have no alternative: the reason for this is discrimination, numerous restrictions, poverty and other factors. Specialists in legal issues emphasize the need to prohibit the involvement and use of children, that is, persons who have not reached the age of 18, in armed conflicts. Thus, International Humanitarian Law prohibits the involvement and participation of children under the age of 15 in military operations, whether internal or international conflict. Despite this, about 200,000 child soldiers are involved in more than 20 military conflicts around the world. Hundreds of thousands of children became witnesses and participants of hostilities in Ukraine. This vulnerable group is easy to manipulate due to age-related psychological characteristics.
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Edmonds, Nathaniel B. "Associational Standing for Organizations with Internal Conflicts of Interest." University of Chicago Law Review 69, no. 1 (2002): 351. http://dx.doi.org/10.2307/1600357.
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GALAND, ALEXANDRE SKANDER. "Approaching Custom Identification as a Conflict Avoidance Technique:TadićandKupreškićRevisited." Leiden Journal of International Law 31, no. 2 (February 26, 2018): 403–29. http://dx.doi.org/10.1017/s0922156518000055.
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AbstractInternational human rights law (IHRL), international humanitarian law (IHL) and international criminal law (ICL) have trouble staying faithful to the two pillars of customary international law – state practice andopinio juris. In ICL, theTadićInterlocutory Appeal on Jurisdiction and theKupreškićTrial Judgement have even gone as far as enunciating new models to identify customs. In this article, I show that the approaches to customs’ identification postulated in these two cases were conflict-avoidance techniques used by the International Criminal Tribunal for the Former Yugoslavia (ICTY) to bring together IHRL and IHL. The crux of the matter in theTadićandKupreškićcases was that the human rights of the victims of war crimes committed in internal conflicts required that a new approach to customary international law be adopted. Thus, the criminal aspect of IHL (i.e., ICL) was updated, and conceptual conflicts between IHL and IHRL were avoided.
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Kretzmer, David, Aviad Ben-Yehuda, and Meirav Furth. "‘Thou Shall Not Kill’: The Use of Lethal Force in Non-International Armed Conflicts." Israel Law Review 47, no. 2 (June 6, 2014): 191–224. http://dx.doi.org/10.1017/s0021223714000065.
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The assumption of this article is that when a state is involved in an international armed conflict it may employ lethal force against combatants of the enemy unless they arehors de combat. Hence, even when it would be feasible to do so, it has no duty to apprehend enemy combatants rather than use force against them. Does this same norm apply in non-international armed conflicts occurring in the territory of a single state (internal conflicts)? The writers argue that the answer is in the negative. Despite the attempt in recent years to narrow the differences between the norms that apply in non-international armed conflicts (NIACs) and international armed conflicts (IACs), there are still significant differences between the two types of armed conflict, which justify the application of different norms in this context. Common Article 3 of the Geneva Conventions refers only to humanitarian norms and does not imply that the norms relating to the conduct of hostilities in IACs apply also in NIACs. While customary international law may allow states to use lethal force in a NIAC in the actual conduct of hostilities, there is no basis for assuming that the norm that ostensibly applies in IACs relating to use of such force outside the context of hostilities applies in NIACs too. The jurisprudence of the International Criminal Tribunal for the former Yugoslavia, which is the main source for the arguments on closing the gap between IACs and NIACs, relates only to humanitarian norms and has never addressed extending the permissive IAC norms of the law of armed conflict (LOAC) to NIACs. Finally, in an internal armed conflict the state has a dual capacity: it must respect and ensure the human rights of all persons subject to its jurisdiction, and it is a party in an armed conflict with some of those persons. In such a situation, the only context in which the state may deviate from regular norms of law enforcement is the actual context of hostilities, in which application of such norms is not feasible. In other contexts, its human rights obligations prevail.
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CRAWFORD, EMILY. "Unequal before the Law: The Case for the Elimination of the Distinction between International and Non-international Armed Conflicts." Leiden Journal of International Law 20, no. 2 (May 21, 2007): 441–65. http://dx.doi.org/10.1017/s092215650700413x.
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This article examines the possibility of creating a law of armed conflict that could be uniformly applied to both international and non-international armed conflict. The article looks at the history of modern armed conflict, and charts the progression of warfare from a predominantly interstate event to that which is more likely to be characterized as non-international or internal. The increasing prevalence of non-international armed conflicts throughout the twentieth century has lead to ongoing moves on behalf of the international community to bring the regulation of such conflicts further within the ambit of international regulation. With this in mind, the article argues that such moves have blurred the historical distinction between types of armed conflict to the point where the distinction could be eliminated altogether. By looking at international treaties, tribunals, and state practice, this article asserts that the law of armed conflict could be uniformly applied, with the aim of ensuring that all participants in armed conflict are equally and humanely treated.
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Chumachenko, Ivan N. "Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America." Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 31–40. http://dx.doi.org/10.24147/1990-5173.2020.17(4).31-40.
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Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.
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Bellinger, John B., and Vijay M. Padmanabhan. "Detention Operations in Contemporary Conflicts: Four Challenges for The Geneva Conventions and Other Existing Law." American Journal of International Law 105, no. 2 (April 2011): 201–43. http://dx.doi.org/10.5305/amerjintelaw.105.2.0201.
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In September 2010, President Jakob Kellenberger of the International Committee for the Red Cross (ICRC) summarized the conclusions of a two-year, internal ICRC study of changes that have occurred in the nature of armed conflict since the signing of the Geneva Conventions in 1949, and he also suggested how international humanitarian law (IHL) should respond to those changes. In a previous address marking the sixtieth anniversary of the Geneva Conventions, Kellenberger had observed that in the place of traditional conflicts between state-sponsored armies on a battlefield, modern conflicts frequently involve nonstate actors, such as terrorist groups—a development that has blurred the line between civilians and combatants, and created challenges for IHL. The ICRC study concluded that IHL generally provides a suitable legal framework for regulating armed conflict.
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Załucki, Krzysztof. "Extraterritorial Jurisdiction in International Law." International Community Law Review 17, no. 4-5 (October 22, 2015): 403–12. http://dx.doi.org/10.1163/18719732-12341312.
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Application of internal law by a state beyond its own territory is an extraordinary action in international law. It requires not only a solid justification but is also subject to many restrictions. It often comes to conflicts against this background that is why extraterritorial jurisdiction is considered as a dangerous but yet an effective instrument of foreign politics. The article not only provides a concise definitions of extraterritoriality but also points to its acceptable bases (liaisons) and restrictions. Moreover, a review of interesting, representative doctrine stances has been done. Controversies and dangers related to the discussed institution are explicitly emphasized. In contrast, the selected examples of conflicts resulting from extraterritorial application of internal law will be discussed in the upcoming second part of the reflections. The entire article is not meant to be a comprehensive overview but rather a basis for a more detailed analysis and discussion.
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Wardani, Ach Khiarul Waro. "Memahami Konflik Keluarga melalui Pendekatan Sosiologi Hukum Islam (Studi Lapangan di Pengadilan Agama Kota Kediri)." Mahakim: Journal of Islamic Family Law 6, no. 2 (December 28, 2022): 177–206. http://dx.doi.org/10.30762/mahakim.v6i2.165.
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Socially, the family is the smallest community in society which is formed through a legal engagement (marriage), as well as according to Islamic law. With the formation of a family, what inevitably happens is the emergence of family conflicts which can arise from internal (family) and can also be external (outside parties) as happened in the City of Kediri, with as many as 325 cases of family conflicts that ended in lawsuits for divorce or divorce only in a relatively short period of time, namely the last 6 months in 2022. Understanding the conflicts that occur in the family aims to avoid the general societal stigma that conflict is something negative, even though there are positive things from conflict if you take lessons from conflict such as being aware of each other's shortcomings and being able to open to each other. Therefore, according to the author, the Sociology of Islamic Law is the right approach to use in understanding conflict in the family. By understanding the Sociology of Islamic Law, the rules for fostering a family will be understood by every member of the family, such as the rules that Allah SWT stipulates in QS. A-Rum: 21, QS. At-Tahrim: 6 and so on. The method used in this study uses a qualitative research approach the type used in this research is a type of field research or field, it can also be said as empirical or sociological research. In conclusion, as far as we all know, the stigma of conflict is something bad, of course, this is not the case if we look at it from the other side (social and Islamic law). An understanding of life, namely sociology, and Islamic law to resolve all family conflicts is the most important part to be known together to realize dreams in the family, namely sakinah mawaddah warohmah.
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Reiter, Andrew G. "Examining the Use of Amnesties and Pardons as a Response to Internal Armed Conflict." Israel Law Review 47, no. 1 (February 11, 2014): 133–47. http://dx.doi.org/10.1017/s0021223713000290.
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The use of amnesty for human rights violations has been heavily criticised on legal, ethical and political grounds. Yet amnesties have been the most popular transitional justice mechanisms over the past four decades, particularly in the context of internal armed conflict. States justify these amnesties by claiming they are important tools to secure peace. But how successful is amnesty in accomplishing these goals? This article seeks to answer this question by analysing the use and effectiveness of 236 amnesties used in internal armed conflicts worldwide since 1970. The article first creates a typology of the use of amnesty in the context of internal armed conflict. It then qualitatively examines the impact on peace of each type of amnesty. The article finds that most amnesties granted in the context of internal armed conflict have no demonstrable impact on peace and security. Yet amnesties granted as carrots to entice the surrender of armed actors occasionally succeed in bringing about the demobilisation of individual combatants or even entire armed groups. More importantly, amnesties extended as part of a peace process are effective in initiating negotiations, securing agreements, and building the foundation for long-lasting peace.
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Rusan Novokmet, Rutvica. "USTANICI PRIZNATI KAO ZARAĆENA STRANKA NEMEĐUNARODNIH ORUŽANIH SUKOBA U TRADICIONALNOM I SUVREMENOM MEĐUNARODNOM PRAVU." Pravni vjesnik 40, no. 4 (December 2024): 55–78. https://doi.org/10.25234/pv/31476.
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The focus of traditional international legal regulation of armed conflicts was primarily on international armed conflicts, which resulted in legal lacunae in respect of the limitation of the conduct of the parties to internal armed conflicts before the Geneva Conventions on the Protection of Victims of War and Additional Protocols to these conventions had been adopted. The subject of this paper is the analysis of the important changes brought about by the contemporary international legal framework in respect of the more detailed regulation of non-international armed conflicts. Furthermore, the author assesses that the more concrete limitations of the conduct of the parties to these conflicts have directed the application of the rules of international humanitarian law to the more efficient protection of victims of war. In this context, the relevant provisions of the international legal instruments applicable to non-international armed conflicts are analysed, followed by the consideration of different definitions of non-international armed conflicts and their parties contained in the Geneva Conventions and the Additional Protocol II, as well as by the analysis of the most recent decisions of international courts and tribunals, which have made a significant contribution to the interpretation and development of international law applicable in this kind of armed conflict. Special attention is given to the concept of recognition of insurgents as belligerents. In comparison to traditional international law, this concept has undergone significant transformation in the context of the obligation to apply international humanitarian law. The author concludes that the gradual cessation of the application of this institute, along with the mitigation of differences between international and non-international armed conflicts, has contributed to the awareness of all parties to armed conflicts of the obligatory nature of the relevant rules of international humanitarian law, i.e. of their responsibility for the protection of victims of war, the respect of the principle of humanity, and the demands of public conscience, from the beginning of an armed conflict to its cessation.
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Serdyuk, N. V., Y. G. Naumov, and L. L. Grishenko. "Psychological and Pedagogical Measures of Preventing Conflicts of Interest Among Employees of Law Enforcement Agencies." Психологическая наука и образование 22, no. 5 (2017): 85–93. http://dx.doi.org/10.17759/pse.2017220510.
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The article considers significant characteristics of the phenomenon of corruption resistance of employees of internal affairs agencies as civil servants. The outlined problem of preventing corruption manifestations and conflicts of interests in operational and service activities is characterized by the fact that it exceeds the limits of legal regulation. The possible solution in this case might be the selection of relevant psychological and pedagogical measures of preventing the conflict of interests and the formation of corruption resistance in the personnel of the internal affairs bodies. The article describes the value basis of law enforcement service and personal meanings in the profession.
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Hjelde, Haakon B. "International Response to Internal Conflicts and Violence." Nordic Journal of International Law 61-62, no. 1-4 (April 16, 1992): 123–28. http://dx.doi.org/10.1163/15718107-90000012.
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Durán-Martínez, Angélica, and Hillel David Soifer. "The Drug Trade and State Violence in Internal Conflicts: Evidence from Peru." Latin American Politics and Society 63, no. 4 (November 2021): 96–123. http://dx.doi.org/10.1017/lap.2021.39.
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ABSTRACTMost literature on drugs and conflict focuses on how the drug trade affects insurgent behavior, paying little attention to its effect on state behavior in conflict settings. This article begins to address this gap by analyzing the impact of drugs on state violence during the internal conflict in Peru (1980–2000), which, in the 1980s, was the world’s major producer of coca for the international drug trade. Drawing on literature on criminal violence and on drug policy, this study theorizes militarization as the main channel by which drug production affects how state forces treat the civilian population during internal conflicts, though it also explores a second channel associated with corruption. The analysis finds that, all else equal, drug-producing localities saw increased state violence in ways consistent with the militarization channel.
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Domínguez Lozano, Pilar. "Internal Conflicts and “Interregional Law” in the Spanish Legal System 1." Spanish Yearbook of International Law Online 5, no. 1 (1997): 43–72. http://dx.doi.org/10.1163/221161297x00027.
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Shiva, Mehdi, and Hassan Molana. "On Income, Democracy, Political Stability, and Internal Armed Conflicts." Journal of Strategic Security 15, no. 2 (July 2022): 48–64. http://dx.doi.org/10.5038/1944-0472.15.2.1982.
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Whether or not a country is likely to encounter an internal armed conflict is considered in the literature to depend, among other things, on its extent of economic and political development. Using a dataset covering 139 countries over the 1961-2011 period, we find that a country’s per capita income has an unambiguously negative effect on the probability that it encounters an armed conflict as long as it does not suffer from a severe political instability. In contrast, countries that experience severe political instability are more likely to encounter an armed conflict the higher is their per capita income. The policy implication of our result is clear: safeguarding political stability during hard times is essential – and should take precedence over enhancing democracy and economic growth – for reducing the risk of internal armed conflicts. Our findings do not undermine the importance of protecting democratic institution or accountability, but underscore the importance of collaboration across opposing parties to progress while preserving the political stability.
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Коновалов, Алексей, and Aleksey Konovalov. "On the issue of the specifics of service conflicts in the system of internal affairs bodies." Applied psychology and pedagogy 3, no. 1 (February 1, 2018): 22–26. http://dx.doi.org/10.12737/article_5a70da9a4ecae9.85660408.
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The article poses the problem of determination of the emergence of conflicts in the collective of law enforcement bodies, and as a consequence - the formation of an unfavorable socio-psychological climate in it. One of the reasons is the low level of conflictological culture of employees, which manifests itself in the absence of sufficient conflictological knowledge, which allows to quickly and competently analyze the negative situation, to anticipate the onset of the conflict situation, to identify the internal causes of the conflict, and to understand the patterns of their occurrence, flow and resolution.
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Brugger, Patrick. "ICRC operational security: staff safety in armed conflict and internal violence." International Review of the Red Cross 91, no. 874 (June 2009): 431–45. http://dx.doi.org/10.1017/s1816383109990075.
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AbstractHumanitarian work, especially in conflict areas, has become more dangerous and every humanitarian organization is affected by serious security problems, constituting a threat to their staff and hampering much-needed activities on behalf of the victims of armed conflicts and other situations of collective armed violence. The article outlines the general approach of the ICRC to security issues and describes the pillars of the security policy it has adopted in the field to protect its operational staff.
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Pashynna, Liliia. "International legal protection of human rights during armed conflicts in historical retrospect." Slovo of the National School of Judges of Ukraine, no. 2(47) (October 28, 2024): 68–81. https://doi.org/10.37566/2707-6849-2024-2(47)-6.
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The historical development of international human rights protection in armed conflict is as multifaceted as it is profound, reflecting the gradual evolution of a human rights-based approach to warfare. This chapter aims to trace this key trajectory in international law, providing an overview of the ongoing struggle to ensure human rights in armed conflict. This article will explore the historical milestones and turning points that have shaped the landscape of human rights protection in the context of armed conflict. Starting from the birth of formalised international humanitarian law in the mid-19th century with the adoption of the First Geneva Convention, we will go through the poignant history of two world wars, the creation of the United Nations and the formulation of the Universal Declaration of Human Rights. The author examines the key stages of formation and evolution of international human rights protection mechanisms during armed conflicts. International humanitarian law codifies these basic principles, requiring their universal observance. Adherence to these principles demonstrates respect for the global legal framework and fundamental human rights. Conversely, violations can lead to perpetrators being prosecuted and punished under international criminal justice, underscoring the global commitment to human rights. Despite the importance of international treaties in setting standards for the protection of civilians, there are challenges in their implementation and enforcement. Some states refuse to accede to key conventions, underscoring the need for ongoing dialogue and cooperation at the international level. The high risk of internal and international conflicts, as well as the unfinished task of protecting human rights during such conflicts, require continued active efforts by the international community to find ways to peace and stability. Key words: international human rights law, human rights, armed conflicts, international humanitarian law, conventions, international organisations
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Mantilla, Giovanni. "Forum Isolation: Social Opprobrium and the Origins of the International Law of Internal Conflict." International Organization 72, no. 2 (2018): 317–49. http://dx.doi.org/10.1017/s0020818318000097.
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AbstractWhy have states created international laws to regulate internal armed conflicts? This article is the first to theorize the emergence and design of these international rules, focusing on Common Article 3 to the 1949 Geneva Conventions. Drawing on original multicountry archival research, I develop the mechanism offorum isolationto explain the origins of Common Article 3, demonstrating the importance of social opprobrium pressure to explain why Britain and France switched from staunch opposition to support and leadership in 1949. Specifically, forum isolation pressured these European empires to concedeandto react strategically behind the scenes, saving face and safeguarding their security interests by deliberately inserting ambiguous language in the text of Common Article 3. This move later facilitated states' avoidance of this rule in many conflict cases.
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Klabbers, Jan. "Safeguarding the Organizational Acquis: The EU's External Practice." International Organizations Law Review 4, no. 1 (2007): 57–89. http://dx.doi.org/10.1163/157237307x223620.
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AbstractTreaty conflict is one of the more significant practical issues in international law these days, in particular as the law of treaties is unable to solve the most difficult emanations. With international organizations, there is the added consideration that the organization may wish to preserve its internal legal order. The present paper investigates the practice of the EC/EU plus its member states, trying to chart the techniques used by them in order to solve or prevent treaty conflicts. It presents a taxonomy of this practice as well as an interpretation.
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Al-Fahdawi, Ahmed Abed Hassan. "International and National Criminal Responsibility for Employees of Private Military and Security Companies." Journal of AlMaarif University College 33, no. 3 (August 9, 2022): 176–97. http://dx.doi.org/10.51345/.v33i3.511.g289.
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The world is witnessing many armed conflicts, which played a prominent role in tearing the countries that were exposed to those conflicts, and therefore these conflicts prompted governments that are experiencing internal or external conflicts and turmoil to seek the assistance of private military and security companies in order to maintain their rule, and the services provided by these companies are Several, including training, providing advice and intelligence information, as well as securing convoys and transporting supplies, but their progress increased to the point of participating with the security forces in the fighting. This research is of great importance in the international and national criminal responsibility of employees of private military and security companies, to clarify individual criminal responsibility in the light of the provisions of international humanitarian law and international criminal law. Since private security companies are so far governed by clear and binding international rules, it is necessary to make possible efforts to prevent serious violations of the rules of international humanitarian law and human rights rules by employees of those companies at the internal and international levels.
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Beregszászi, Anikó, and István Csernicskó. "Nyelvpolitika: harc a hatalomért (az ukrán államnyelvi törvény apropóján)." Magyar Nyelv 116, no. 3 (2020): 257–74. http://dx.doi.org/10.18349/magyarnyelv.2020.3.257.
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One of the main goals of language policy is considered to be the avoidance or management of language conflicts. In reality, however, language policy is an effective tool for achieving the unequal distribution of social goods and political capital. The Law of Ukraine “On Supporting the Function-ing of the Ukrainian Language as the State Language” was adopted on April 25, 2019. In this article we show how language policy can serve as a tool in the struggle for power and in the formation and reproduction of social inequalities through the law seemingly born to protect the Ukrainian lan-guage. In the article, we also show that in power struggles, language policy often does not serve to avoid conflicts over language, but on the contrary: it causes internal and external conflicts.
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Hermansyah, Hermansyah, Faisal Abdullah, and Mochamad Hamdan. "Preserving Diversity: Lessons from Batang Tarang Village of West Kalimantan." Al-Albab 11, no. 2 (January 2, 2023): 221–44. http://dx.doi.org/10.24260/alalbab.v11i2.2420.
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The recurring communal, racial conflicts in West Kalimantan have left unpleasant memories among the local community. Unfortunately, some people believe that similar events will keep happening. This article was based on field research that relied on interviews and observations involving several crucial things. This research argues that communal conflicts in West Kalimantan can be averted by empowering internal forces to maintain balance in a plural society. This article found that conflict-prone societies such as those in Batang Tarang have the capacity to build harmony through togetherness, inter-ethnic marriages, the moderate practice of Islam, fair practice of adat [customary law], and strengthening awareness of shared origins.
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Hitipeuw, Chrisdian Balandina, Marthinus Kainama, and Richard Marsilio Waas. "Perlindungan Penduduk Sipil Dari Kelompok Kriminal Bersenjata Di Provinsi Papua Ditinjau Dari Hukum Humaniter Internasional." TATOHI: Jurnal Ilmu Hukum 2, no. 11 (January 31, 2023): 1077. http://dx.doi.org/10.47268/tatohi.v2i11.1446.
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Introduction: Civil protection in Papua Province from Armed Criminal Groups (KKB) must be a serious concern, considering the cruel actions carried out by the KKB starting from shootings, persecution, arson and various other forms of crime that have caused casualties and property that have continued since to year.Purposes of the Research: to know the regulation of non-international armed conflict and how to protect the civilian population from KKB in Papua Province. Methods of the Research: This legal research, the author uses normative research. That is, a study that primarily examines positive legal provisions, legal principles, and legal doctrines to answer legal questions faced.Results of the Research: The results show that the regulation of non-international armed conflicts can be found in the Geneva Convention of 1949 article 3 regarding armed conflicts that are not international in nature in which one of the major participants is required to comply with the provisions regarding protected persons in the event that they are not actively engaged in hostilities. Furthermore, regarding the protection of the civilian population in Papua Province based on a review of humanitarian law so far it cannot be applied, because the conflict conditions in Papua Province cannot yet be categorized as non-international conflicts, but are classified as situations of domestic security disturbances or internal disturbances and tensions. Thus national law and international human rights law apply.
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Anghie, A., and B. S. Chimni. "Third World Approaches to International Law and Individual Responsibility in Internal Conflicts*." Chinese Journal of International Law 2, no. 1 (January 1, 2003): 77–103. http://dx.doi.org/10.1093/oxfordjournals.cjilaw.a000480.
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Suparto, S., and A. Admiral. "The Existence of Party Court in Completing the Internal Disputes of Political Parties in Indonesia (A Case Study of Persatuan Pembangunan Party)." Jurnal Dinamika Hukum 19, no. 1 (January 9, 2019): 152. http://dx.doi.org/10.20884/1.jdh.2019.19.1.2497.
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Abstract According to Law Number 2 of 2011, “Any internal conflict inherent a political party, is resolved by that party’s internal organ known as the Internal Dispute Settlement Committee. But unfortunately, not all internal conflicts were ironed out, just as what happened to Persatuan Pembangunan Party. Based on the results of the current study, several factors could be identified to influence the resolution of internal political party disputes, including 1). the inability of the disputed internal party to pay heed to the decision of the Party Court. 2). the government violation of the decision made by the Party Court with biased interference. 3). There is doubtful neutrality considering the membership of the Party Court who comes from internal political parties. 4). Not considering the Party Court's decision while adjudicating disputes over the management of political parties.Keywords: Party Court, Decision, Final.