Academic literature on the topic 'Serious violations of international law'
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Journal articles on the topic "Serious violations of international law"
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Pérez-León Acevedo, Juan Pablo. "The Close Relationship Between Serious Human Rights Violations and Crimes Against Humanity: International Criminalization of Serious Abuses." Anuario Mexicano de Derecho Internacional 1, no. 17 (March 14, 2017): 145. http://dx.doi.org/10.22201/iij.24487872e.2017.17.11034.
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This article aims to evidence both the existence of a close relationship between the notions of serious human rights violations and crimes against humanity, and how this works in international law. To do so, international legal sources such as the United Nations practice, case-law of international and hybrid criminal courts and tribunals, and case-law of the Inter-American Court of Human Rights and other human rights bodies are taken into account. Thus, this article analyses how these and other international sources have examined the above-mentioned relationship, i.e., inter alia the similarities and differences between serious human rights abuses and the legal objective and subjective elements of crimes against humanity. Accordingly, it is found that, although some differences exist, the notion of serious human rights violations underlies the legal concept of crimes against humanity. In turn, this is linked to the relationship between those two categories of international law.
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MANHORA, V., L. GOROBEC, and G. ZABELIN. "Responsibility for violations of international humanitarian law." INFORMATION AND LAW, no. 1(48) (March 6, 2024): 210–18. http://dx.doi.org/10.37750/2616-6798.2024.1(48).300828.
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The article examines an important aspect of international law, namely responsibility for violations of international humanitarian law (IHL) during war, and examines forms of responsibility such as individual, collective, and state responsibility for violations of humanitarian norms. The importance of ensuring compliance with IHL and holding individuals, organizations and states accountable for serious violations such as crimes against humanity, war crimes, genocide and aggression was emphasized. It was determined that responsibility for violations of international humanitarian law is aimed at preventing similar violations in the future and restoring violated humanitarian norms and human rights. Emphasis is placed on the important role of responsibility for violations of IHL in maintaining global peace, security and protection of vulnerable groups in conflict.
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Berdnik, I., and I. Pylypenko. "The civilian population as an object of attack during an international armed conflict: a criminal-legal assessment under the national legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 545–52. http://dx.doi.org/10.24144/2788-6018.2024.02.93.
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The criminal law assessment of each violation of the rules and customs of war under Article 438 of the Criminal Code of Ukraine (hereinafter referred to as the Criminal Code of Ukraine) requires reference to international treaties establishing such rules. This is indicated by the disposition of this article. In turn, international treaties have a list of provisions that contain instructions on prohibitions for parties to international armed conflicts and on specific violations of the rules and customs of war. This list is quite wide, due to which problems arise during the practical application of Article 438 of the Criminal Code of Ukraine, in particular, when formulating an indictment. Serious violations of the rules and customs of war include, in particular, turning the civilian population or individual civilians into targets of attack. Establishing objective and subjective signs of this act is of scientific interest. In the norms of international humanitarian law, this violation is formulated atypically for domestic criminal legislation. In addition, there are issues of differentiation with other serious violations of the rules and customs of war, correlation with prohibitions and requirements established in the norms of international humanitarian law. In order to clarify the essence of this violation, the norms of international treaties, which are part of international humanitarian law, as well as their interrelationship, were analyzed. This made it possible to draw conclusions about the objective features by which it is possible to distinguish the analyzed violation from other homogeneous violations, for example, from committing attacks of an indiscriminate nature. Possible variants of a subjective attitude to the commission of such a violation as the transformation of the civilian population or individual civilians into an object of attack are also defined. In addition, examples from judicial practice were considered with an emphasis on ways of formulating charges under Art. 438 of the Criminal Code of Ukraine. The importance of instructions for the commission of a serious violation of an international agreement during the formulation of charges in such proceedings is emphasized and substantiated. Prospects for further research on issues related to the criminal-legal assessment of attacks on the civilian population in the context of an international armed conflict are outlined.
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Svaček, Ondřej. "Serious Human Rights Violations – Eclipse or Mere Twilight of State Immunity?" International and Comparative Law Review 11, no. 2 (December 1, 2011): 63–78. http://dx.doi.org/10.1515/iclr-2016-0104.
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Abstract Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.
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Seibert-Fohr, Anja. "From Complicity to Due Diligence: When Do States Incur Responsibility for Their Involvement in Serious International Wrongdoing?" Volume 60 · 2017 60, no. 1 (January 1, 2018): 667–707. http://dx.doi.org/10.3790/gyil.60.1.667.
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The article considers different modes of State involvement in serious violations of international law and the legal criteria for unlawful contributions. Giving special attention to participation below the level of complicity – when a State contributes to serious violations without possessing positive knowledge – the author considers primary rules of international law that prohibit indirect participation, such as the duty to respect and ensure fundamental human rights. The article argues in favour of a risk-based ex ante responsibility in order to prevent cooperation between States which violate fundamental legal norms of the international community. Accordingly, States incur responsibility for indirect participation if they do not exercise the necessary diligence to prevent such violations. Though due diligence is usually referred to when States fail to intervene in cases of third party abuse, it applies a fortiori in cases of active contributions. While the article concentrates on serious human rights violations, it also refers to other fields of international law, including breaches of international humanitarian law. By specifying the legal parameters of due diligence as a general principle it thus contributes to the scholarly debate on the content of due diligence in international law more generally.
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Sunga, Lyal S. "Individual Responsibility in International Law For Serious Human Rights Violations." Verfassung in Recht und Übersee 26, no. 2 (1993): 220–22. http://dx.doi.org/10.5771/0506-7286-1993-2-220.
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Momtaz, Djamchid. "War Crimes in Non-international Armed Conflicts under the Statute of the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 177–92. http://dx.doi.org/10.1017/s1389135900000416.
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International humanitarian law applicable in non-international armed conflicts has long been characterized by the absence of universal competence to suppress serious violations of its provisions. This failure has been due to the reluctance of states – which are naturally prone to consider any limitation of their exclusive competence in this field as a threat to their sovereignty – to criminalize such acts under international law.The first attempt at remedying such a situation was seen in the Draft Statute of an International Criminal Court (ICC), which was prepared by the International Law Commission (ILC) in 1994, and inspired by the draft articles of the Code of Crimes against the Peace and International Security of Mankind, provisionally adopted by the ILC in 1991 at first reading. Under the Draft Statute of the ICC, serious violations of the laws and customs applicable in armed conflicts would be under the jurisdiction of the Court. The ILC had in mind exceptionally serious war crimes, such as those described in the pertinent article of the draft code referred to by the Commission, constituting an extremely grave violation of the principles and laws of international law applicable in armed conflicts. In the commentary on this article, the ILC took care to specify that the expression ‘armed conflict’ covered the non-international armed conflicts that are the focus of common Article 3 of the Geneva Conventions of 12 August 1949, as well as international armed conflicts.This first step was of very limited scope. In fact, according to the ILC, in order to be criminalized, the laws and customs of war had to find their origin in general customary international law.
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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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AL-SAMAK, Hiba Thamer Mahmood. "GIRL CHILD RIGHTS :A COMPARATIVE STUDY BETWEEN INTERNATIONAL CONVENTIONS AND IRAQI LAW." International Journal of Humanities and Educational Research 03, no. 04 (August 1, 2021): 320–34. http://dx.doi.org/10.47832/2757-5403.4-3.28.
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Girls still suffer from violations for their rights, they are the first victims for violation of human right. pay attention to girls and terminate the matter of the discrimination against them, especially in the developing countries and build their personality to be themselves and their families able to face the future and to be pioneers influence the society, Therefore, the United Nations focused on the rights of girls and promised it one of the sustainable development goals that it seeks to achieve in 2030. However, we lack legislation and international conventions on the rights of the girl child, Convention on the Rights of the Child for 1989, and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 violation against them are considered the keystone of the rights of girls internationally. I shall use the comparative approach in my research methodology between the Iraqi law and the international conventions and agreements, in order to compare the general provisions, as well as mentioning the most serious violations of the rights of the girl child in Iraqi society and the provisions of Islamic Sharia regarding these violations. The study aims to find special rules for the girl child that distinguish her and grant her adequate rights from childhood, as I did not find anyone who addressed the rights of the girl child in Iraqi Republic in the light of international law, despite the serious violations of her rights, and we did not find the Iraqi legislator has sought or seek to develop legislations that limiting these violations. Thus, I shall search the problem in two researches, the first about what are the rights of the girl child, The second research is about the main rights of girls. The most important results I found that the rights of the girl child encouraged and helped girls to develop mentally, physically and psychologically, that contribute to the development of societies, and the most underdeveloped states are those that do not consider or pay attention to the rights of girls under the age of eighteen, With the need to pay attention to the education and upbringing of girls to be a leading woman in society and to be able to live and provide for her family.
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Graditzky, Thomas. "Individual criminal responsibility for violations of international humanitarian law committed in non-international armed conflicts." International Review of the Red Cross 38, no. 322 (March 1998): 29–56. http://dx.doi.org/10.1017/s0020860400090756.
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Two prominent events that occurred midway through this century had a great impact on international criminal law. The first milestone in this area was the trials of the major war criminals held in Nuremberg and Tokyo in the wake of the Second World War. They highlighted the principle of individual criminal responsibility for certain serious violations of the rules of international law applicable in armed conflict; the terms “crimes against the peace”, “war crimes”, and “crimes against humanity” found formal recognition. The second event, following closely on the first, was the adoption of the four Geneva Conventions of 12 August 1949 for the protection of war victims. These instruments established a specific framework for the prevention and punishment of the most serious violations of the provisions they contain; the technical term “grave breach” was coined.
Dissertations / Theses on the topic "Serious violations of international law"
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McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.
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Perova, Natalia. "The United Nations, member states and individuals sharing international responsibility for serious violations of international law committed during peace support operations." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/5614/.
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This thesis is dedicated to the analysis of state responsibility, United Nations’ responsibility and individual criminal responsibility of peacekeepers for the crimes committed during Peace Support Operations (“PSOs”). It looks into the way public international law, international criminal, humanitarian and human rights law applies in the context of PSOs. The purpose of the thesis is to show that the UN, troop-contributing states and individual peacekeepers share international responsibility for the violations of international law committed during PSOs. This thesis proves that the conduct of peacekeepers is attributed not only to the UN, but also to troop-contributing states and depends on effective control exercised in fact by the UN Force Commander and national contingent commanders over particular conduct. Both international humanitarian law and human rights law are applicable to PSOs and can be breached by the UN and render it international responsible. Despite immunities and exclusion of the host state jurisdiction, peacekeepers cannot avoid international criminal responsibility in domestic courts and International Criminal Court. Applying the system of international responsibility to the case-studies, the thesis concludes that the UN, states and individuals cannot escape international responsibility by relying on international status and mandate of PSOs.
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Cressent, Camille. "La responsabilité pénale des personnes morales pour violations graves du droit international." Electronic Thesis or Diss., Université de Lille (2022-....), 2024. http://www.theses.fr/2024ULILD008.
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« Ce sont des hommes et non des entités abstraites qui commettent des crimes ». Cette célèbre affirmation à Nuremberg forgera l’avenir de la responsabilité pénale des personnes morales pour violations graves du droit international. Ce choix de n’engager que la responsabilité pénale individuelle est opéré de nouveau à Rome lors de l’établissement du Statut créant la Cour pénale internationale. Ainsi, que ce soit à Nuremberg ou à La Haye, ce sont les dirigeants des personnes morales qui voient leur responsabilité engagée. Toutefois, ces crimes sont particuliers : ils touchent l’humanité dans son ensemble. C’est pourquoi, afin d’être réprimés, ils doivent répondre à une double exigence : être imputé à une personne physique mais aussi prendre en compte le caractère intrinsèquement collectif du crime. Il n’est pas matériellement possible pour un individu seul de commettre un crime international. Ces crimes nécessitent une forme de planification à une échelle nécessairement supra-individuelle. Sans cet élément collectif, ces crimes ne sont ni plus ni moins que des crimes de droit commun. Par conséquent, le rejet de cette responsabilité pénale des personnes morales pour crimes internationaux vient créer deux paradoxes. Le premier est qu’il s’agit de crimes collectifs qui ne peuvent être imputés à des êtres collectifs. En effet, au-delà de la nécessité pour une personne physique de commettre matériellement un crime, les personnes morales peuvent être à l’origine du crime ou en bénéficier d’une quelconque manière. Le second paradoxe repose sur le fait que la responsabilité pénale des personnes morales n’est pas un idéal inatteignable. Elle existe dans de nombreux droits nationaux. Il résulte de ces deux paradoxes que le constat de Nuremberg gravé dans le marbre n’est pas suffisant pour lutter contre l’impunité des crimes les plus graves. Les États ont dû trouver des solutions afin de pallier ce manque à l’échelle internationale. Ces solutions peuvent intervenir à des échelles différentes : nationales, régionales ou internationales. Elles ne sont pas globales, au sens d’universelles, mais elles permettent d’appréhender certaines situations qui entrent dans leurs champs de compétence“Crimes against international law are committed by men, not by abstract entities”. This famous Nuremberg statement forged the future of legal entities criminal responsibility for serious violations of international law. This choice to engage only individual criminal responsibility was made again in Rome, when the Statute creating the International Criminal Court was drawn up. Thus, whether at Nuremberg or The Hague, it is the directors of legal entities who are held liable. However, these crimes are unique: they affect humanity. This is why, to be punished, they must meet a dual requirement: they must be attributed to an individual, but they must also consider the intrinsically collective nature of the crime. It is not materially possible for a single individual to commit an international crime. These crimes require a form of planning on a necessarily supra-individual scale. Without this collective element, these crimes are no more and no less than ordinary crimes. Consequently, the rejection of corporate criminal liability for international crimes creates two paradoxes. The first is that these are collective crimes that cannot be attributed to collective beings. Indeed, over and above the need for a physical person to commit a crime, legal entities can be at the origin of the crime or benefit from it in some way. The second paradox lies in the fact that the criminal liability of legal persons is not an unattainable ideal. It exists in many national laws. The result of these two paradoxes is that the Nuremberg Declaration, set in stone, is not sufficient to combat impunity for the most serious crimes. States have had to find solutions to make up for this shortcoming on an international scale. These solutions can be applied at different levels: national, regional, or international. They are not global, in the sense of being universal, but they make it possible to apprehend certain situations that fall within their fields of competence
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Figueira, Tonetto Fernanda. "Pour une suprématie du droit international dans la protection de valeurs intangibles de l’humanité." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020031.
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Les institutions internationales ont à la suite de la 2ème guerre mondiale créé un corpus de droits reliés à l’essence de la condition humaine qui sont aussi intuitifs que difficiles à systématiser. Cette émergence se trouve à l’origine de la relation étroite entre le droit international et un noyau intangible de valeurs considérées comme universelles, érigé à la lumière de constructions philosophiques et juridiques du concept d’humanité jusqu’au moment où elles sont saisies par le droit international coutumier et conventionnel dans une logique de protection. Cette protection relève, d’un côté, du droit international pénal à partir notamment de l’édification des concepts de crime contre l’humanité et de génocide ayant comme corolaire également la définition du concept de graves violations et, de l’autre côté, du droit international des droits de l’Homme, en ce qu’il s’est occupé de la sauvegarde de l’individu en tant qu’être à la fois singulier et collectif, mais aussi des droits essentiels à la préservation de sa condition humaine. Le problème majeur qui se pose est celui des difficiles interactions entre le droit international et le droit national, combiné à l’héritage des paradigmes du droit international classique, ce qui nous amène à répondre à la question du comportement des États quand le droit international a pour objet la préservation de ce noyau dur des valeurs humaines. Dans la présente thèse, nous cherchons donc à démontrer que la protection tissée notamment sur la base des prohibitions apporte au droit international une position de suprématie liée à son caractère de jus cogens, de manière à imposer des devoirs non seulement aux États mais aussi aux individusBecause of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals
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Ristic, Danijel. "Victims' access and compensation before international criminal courts /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2142.
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Tonetto, Fernanda Figueira. "Pilares para umnovo direito internacional." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185087.
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Les institutions internationales ont à la suite de la 2ème guerre mondiale créé un corpus de droits reliés à l’essence de la condition humaine qui sont aussi intuitifs que difficiles à systématiser. Cette émergence se trouve à l’origine de la relation étroite entre le droit international et un noyau intangible de valeurs considérées comme universelles, érigé à la lumière de constructions philosophiques et juridiques du concept d’humanité jusqu’au moment où elles sont saisies par le droit international coutumier et conventionnel dans une logique de protection. Cette protection relève, d’un côté, du droit international pénal à partir notamment de l’édification des concepts de crime contre l’humanité et de génocide ayant comme corolaire également la définition du concept de graves violations et, de l’autre côté, du droit international des droits de l’Homme, en ce qu’il s’est occupé de la sauvegarde de l’individu en tant qu’être à la fois singulier et collectif, mais aussi des droits essentiels à la préservation de sa condition humaine. Le problème majeur qui se pose est celui des difficiles interactions entre le droit international et le droit national, combiné à l’héritage des paradigmes du droit international classique, ce qui nous amène à répondre à la question du comportement des États quand le droit international a pour objet la préservation de ce noyau dur des valeurs humaines. Dans la présente thèse, nous cherchons donc à démontrer que la protection tissée notamment sur la base des prohibitions apporte au droit international une position de suprématie liée à son caractère de jus cogens, de manière à imposer des devoirs non seulement aux États mais aussi aux individus.Como resultado da Segunda Guerra Mundial, as instituições internacionais criaram um conjunto de direitos relacionados à essência da condição humana que são tão intuitivos quanto difíceis de sistematizar. Dessa emergência tem origem a estreita relação entre o direito internacional e a tutela de um núcleo intangível de valores da comunidade humana em seu conjunto, engendrados à luz das construções filosóficas e jurídicas do conceito de humanidade até o momento em que a mesma passou a ser protegida pelo direito internacional costumeiro e convencional. Essa proteção deu-se, de um lado, pelo direito internacional penal a partir da edificação do conceito de crime contra a humanidade e de genocídio, de modo a possibilitar a identificação do sentido de graves violações e, de outro lado, pelo direito internacional dos direitos humanos, naquilo em que se ocupou da salvaguarda do indivíduo enquanto ser ao mesmo tempo singular e coletivo, assim como dos direitos essenciais à preservação de sua condição humana. O problema maior que se apresenta diz respeito às difíceis interações do direito internacional com o direito nacional, agravado pela herança deixada pelos paradigmas do direito internacional clássico, o que nos leva a buscar responder à pergunta de como se comportam ou devem se comportar os Estados quando o direito internacional tem por objeto resguardar esse núcleo duro de valores humanos. Na presente tese, buscamos demonstrar que a proteção exercida sobretudo sob a base de proibições aporta ao direito internacional uma posição de supremacia que se liga ao seu caráter de jus cogens, de modo a impor obrigações tanto aos Estados quanto aos indivíduos.
Because of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as they are difficult to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals.
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Haan, Verena. "Joint Criminal Enterprise : die Entwicklung einer mittäterschaftlichen Zurechnungsfigur im Völkerstrafrecht /." Berlin : Duncker & Humblot, 2008. http://d-nb.info/989771830/04.
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Hatcher, Robert. "Schoolyard Politics: Ethics and Language at the International Criminal Tribunal for the Former Yugoslavia." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc33161/.
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The International Criminal Tribunal for the Former Yugoslavia (ICTY) has been both contentious and successful. By examining the ICTY from a Levinasian ethical standpoint, we might be able to understand how the court uses language to enforce ethical and moral standards upon post-war societies. Using linguistic methods of analysis combined with traditional data about the ICTY, I empirically examine the court using ordinary least squares (OLS) in order to show the impact that language has upon the court's decision making process. I hypothesize that the court is an ethical entity, and therefore we should not see any evidence of bias against Serbs and that language will provide a robust view of the court as an ethical mechanism.
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Williams, Meagan Meernik James David. "Judicial creativity or justice being served ? a look at the use of joint criminal enterprise in the ICTY prosecution /." [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-9721.
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Sanger, Andrew Gareth. "Corporate liability for violations of customary international law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709310.
Full textBooks on the topic "Serious violations of international law"
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Prosecuting serious human rights violations. New York: Oxford University Press, 2009.
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Seibert-Fohr, Anja. Prosecuting serious human rights violations. Oxford: Oxford University Press, 2009.
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Seibert-Fohr, Anja. Prosecuting serious human rights violations. Oxford: Oxford University Press, 2009.
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Sunga, Lyal S. Individual responsibility in international law for serious human rights violations. Dordrecht: M. Nijhoff, 1992.
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United Nations. International Criminal Tribunal for the former Yugoslavia. Yearbook 1994: 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. New York: United Nations, 1995.
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Gideon, Boas, and Schabas William 1950-, eds. International criminal law developments in the case law of the ICTY. Leiden: Martinus Nijhoff Publishers, 2003.
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Rwanda, International Tribunal for. Report of the International Criminal Tribunal for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states between 1 January and 31 December 1994. [Arusha, Tanzania]: The Tribunal, 1997.
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Rwanda, International Tribunal for. Report of the International Criminal Tribunal for the prosecution of persons responsible for genocide and other serious violations of International Humanitarian Law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states between 1 January and 31 December 1994. Arusha, Tanzania: The Tribunal, 1996.
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US GOVERNMENT. An Act to Authorize the Payment of Rewards to Individuals Furnishing Information Relating to Persons Subject to Indictment for Serious Violations of International Humanitarian Law in Rwanda, and for Other Purposes. [Washington, D.C: U.S. G.P.O., 2000.
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Implementing international humanitarian law: From the ad hoc tribunals to a permanent International Criminal Court. London: F. Cass, 2004.
Find full textBook chapters on the topic "Serious violations of international law"
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Kittichaisaree, Kriangsak. "Sanctions and redress under domestic law for victims of serious human rights violations abroad." In The Rohingya, Justice and International Law, 238–54. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003224211-12.
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Peters, Anne, and Valentina Volpe. "Reconciling State Immunity with Remedies for War Victims in a Legal Pluriverse." In Remedies against Immunity?, 3–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_1.
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AbstractThe chapter explains the threefold aspiration of the book as an academic, societal, and diplomatic project. It introduces the three interwoven themes of international law arising in the German-Italian saga: state immunity, reparation for serious human rights violations committed during World War II, and the interplay between international and domestic law, notably the role of courts therein. The chapter proposes an approach of ‘ordered pluralism’ to coordinate this interplay, and finally tables a ‘modest proposal’ for a way out of the current impasse.
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Escudero Espinosa, Juan Francisco. "The Emergence of Humanitarian Secession as an International Response to Serious Violations of Human Rights." In Self-Determination and Humanitarian Secession in International Law of a Globalized World, 157–77. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-72622-9_8.
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Baeza, Jesús Verdú. "Ecocide, a New Legal Figure Under Construction." In European Union and its Neighbours in a Globalized World, 195–203. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-40801-4_12.
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AbstractEcocide is a profoundly innovative legal figure that has arisen in the context of extremely serious international environmental degradation, particularly in the context of climate change. It can be an extraordinarily useful tool for preventing and punishing major environmental violations. In a certain way, civil society, mainly NGOs and universities have a key role to play in defining the future of this figure, with an enormous potential for transforming the law.
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Oellers-Frahm, Karin, and Andreas Zimmermann. "International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Former Yugoslavia since 1991 of May 25, 1993." In Dispute Settlement in Public International Law, 1786–850. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_107.
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Boutruche, Théo. "Seeking the Truth About Serious International Human Rights and Humanitarian Law Violations: The Various Facets of a Cardinal Notion of Transitional Justice." In Armed Conflict and International Law: In Search of the Human Face, 303–25. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-918-4_12.
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Zimmermann, Andreas. "Would the World Be a Better Place If One Were to Adopt a European Approach to State Immunity? Or, ‘Soll am Europäischen Wesen die Staatenimmunität Genesen’?" In Remedies against Immunity?, 219–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_12.
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AbstractThis chapter argues not only that there is no European Sonderweg (or ‘special way’) when it comes to the law of state immunity but that there ought not to be one. Debates within The Hague Conference on Private International Law in the late 1990s and those leading to the adoption of the 2002 UN Convention on Jurisdictional Immunities of States, as well as the development of the EU Brussels Regulation on Jurisdiction and Enforcement, as amended in 2015, all demonstrate that state immunity was not meant to be limited by such treaties but ‘safeguarded’. Likewise, there is no proof that regional European customary law limits state immunity when it comes to ius cogens violations, as Italy and (partly) Greece are the only European states denying state immunity in such cases while the European Court of Human Rights has, time and again, upheld a broad concept of state immunity. It therefore seems unlikely that in the foreseeable future a specific European customary law norm on state immunity will develop, especially given the lack of participation in such practice by those states most concerned by the matter, including Germany. This chapter considers the possible legal implications of the jurisprudence of the Italian Constitutional Court for European military operations (if such operations went beyond peacekeeping). These implications would mainly depend on the question of attribution: if one where to assume that acts undertaken within the framework of military operations led by the EU were to be, at least also, attributable to the troop-contributing member states, the respective troop-contributing state would be entitled to enjoy state immunity exactly to the same degree as in any kind of unilateral military operations. Additionally, some possible perspectives beyond Sentenza 238/2014 are examined, in particular concerning the redress awarded by domestic courts ‘as long as’ neither the German nor the international system grant equivalent protection to the victims of serious violations of international humanitarian law committed during World War II. In the author’s opinion, strengthening the jurisdiction of international courts and tribunals, bringing interstate cases for damages before the International Court of Justice, as well as providing for claims commissions where individual compensation might be sought for violations of international humanitarian law would be more useful and appropriate mechanisms than denying state immunity.
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Teramura, Nobumichi, Luke Nottage, and Bruno Jetin. "Bribery and Other Serious Investor Misconduct in Asian International Arbitration." In Corruption and Illegality in Asian Investment Arbitration, 1–36. Singapore: Springer Nature Singapore, 2024. http://dx.doi.org/10.1007/978-981-99-9303-1_1.
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AbstractBribery and other serious illegal behaviour by foreign investors face wide condemnation in any society. Yet there remains a lack of consensus on the consequences of corruption and illegality affecting international investment, and especially in investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state. A core issue is whether a foreign investor violating a host state's law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary, as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Some others claim to protect investment, invoking the sanctity of promises made. This book explores Asian approaches towards the issue, setting it in the wider political economy and domestic law contexts. It also considers the extent to which significant states in Asia are or could become ‘rule makers’ rather than ‘rule takers’ regarding corruption and serious illegality in investor–state arbitration.
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Grover, Sonja C. "International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia Since 1991." In Prosecuting International Crimes and Human Rights Abuses Committed Against Children, 321–49. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-00518-3_9.
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Hayashi, Mika. "Export Control in the Arms Trade Treaty: Can It Have an Impact on the Prevention of Serious Violations of International Humanitarian Law?" In SpringerBriefs in Economics, 127–37. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5960-5_11.
Full textConference papers on the topic "Serious violations of international law"
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Gabrielli, Giulia. "INDIVIDUAL CRIMINAL RESPONSIBILITY OF NON-STATE ACTORS OPERATING IN CYBERSPACE FOR WAR CRIMES UNDER THE ICC STATUTE." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28268.
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Contemporary armed conflict has witnessed an increased employment of digital technologies in the conduct of hostilities. While there is broad consensus on the full applicability of the rules and principles of international humanitarian law (IHL) to the “fifth domain” of warfare, many issues remain debated. More specifically, digital technologies allow a wide range of actors other than States – such as individuals, “hacktivists”, criminal groups, non-State armed groups – to play a role in the hostilities and engage in cyber operations that have the potential of harming civilians or damaging civilian infrastructure and that may amount to serious violations of IHL. Against this backdrop, this paper seeks to examine the legal grounds upon which hostile cyber operations carried out by non-State actors (NSAs) could constitute war crimes, thus entailing their individual criminal responsibility under international law. Hence, the analysis will focus on the applicability of the war crimes provisions of the Rome Statute of the International Criminal Court (ICC) to such operations, with a view to identifying the prerequisites necessary to trigger the ICC’s jurisdiction. To this end, the first part will focus on the increased involvement of NSAs in the conduct of hostilities by cyber means, taking the recent conflict between Russia and Ukraine as a pertinent case study. Subsequently, the paper will explore the conditions necessary for the application of Article 8 of the ICC Statute, with special attention devoted to those aspects that are deemed particularly problematic in light of the participation of NSAs in armed conflict. Finally, the paper seeks to highlight the limits of possible future investigations of cyber conducts possibly amounting to war crimes. These encompass not only issues of admissibility, but also the statutory limits of the Rome Statute when it comes to war crimes provisions applicable to noninternational armed conflicts.
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Muntean, Maria-Roxana. "THE EFFICIENCY OF THE EUROPEAN MECHANISMS FOR PROTECTING THE RULE OF LAW." In 10th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscss.2023/sv02.05.
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The principle of the rule of law is constantly evoked by the jurisdictions that have thecompetence to control the implementation and observance of the limitation of thepowers of the state, as well as the guarantee of human rights. The internationalization ofthe principles of the rule of law and the protection of human rights occurred in Europethrough the European Union and the Council of Europe, which did not limit themselvesto listing common values, but established a series of sanctions for their violation. TheCommission's efforts are not singular, but have been strengthened by a series ofinstruments developed by other European institutions, such as the Annual rule of lawdialogue created by the EU Council or the Resolutions of the European Parliament. Noless relevant are the principles developed by the Strasbourg Court through its ownmethods of interpretation of the Convention, but also the preliminary referenceprocedure available for the courts. The existence of multiple European mechanisms formonitoring and preventing violations of the rule of law can lead us to the conclusionthat there is no room for slippages or, on the contrary, that they are not sufficient toannihilate attempts to destabilize the common values and standards of the rule of law.
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Nemţoi, Gabriela. "Violations of Private Life." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/51.
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Private life it is essential is a right, along with other rights, shapes the human being, giving it value and identity. In this consensus, the legislator through the Romanian civil code sought to impose a series of deeds aimed at infringing on private life. Thus, the listed facts can be considered as violations of private life only subject to the presented of Civil Code (Romanian Civil Code, 2009). This means that the facts indicated in art. 74 of Civil Code they cannot be qualified under any circumstances as violations of private life, but only if they are not among the violations allowed by the international conventions and pacts ratified by Romania. More specifically, those acts do not attract civil liability (payment of compensation, etc.) if they have infringed the particular life allowed under the Convention and the jurisprudence of the ECHR. The private life must be protected and guaranteed by establishing and identifying actions that are prejudicial. The article is a study that in of regulations standards demonstrate violations of the right to life. Comparative development of ECHR case law pointed out that although there is a solid legislative framework, the right to life can be violated.
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Nguyen Quoc, Doan. "ETHICAL EDUCATION FOR THE STUDENTS - NECESSARY PREPARATION FOR SUSTAINABLE DEVELOPMENT OF HUMAN RESOURCES IN THE ERA OF INDUSTRIAL REVOLUTION 4.0." In International Conference on Political Theory: The International Conference on Human Resources for Sustainable Development. Bach Khoa Publishing House, 2023. http://dx.doi.org/10.51316/icpt.hust.2023.44.
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Current practice has shown that if ethical education is not done well, it will lead to the emergence of unethical behavior. The more serious consequence of that is that social law violations become unstable. Ethical education has become a deep concern of the entire society, especially ethical education for students - the country's future human resources. The report focuses on systematizing the issues related to ethical education for the students, while pointing out the current situation and proposing some basic solutions to improve the quality of ethical education for the students. Using the statistical method, investigation, synthesis and comparison methods... the author has tried to clarify some basic study issues.
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Di Benedetto, Giovanna. "THE RIGHTS OF FUTURE GENERATIONS IN ITALIAN-EUROPEAN ENVIRONMENTAL LAW." In 23rd SGEM International Multidisciplinary Scientific GeoConference 2023. STEF92 Technology, 2023. http://dx.doi.org/10.5593/sgem2023v/4.2/s19.43.
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The work analyzes the rights of future generations in a perspective of solidarity within Italian-European environmental law, in a similar way to what was done in the German legal system. The analysis is conducted through a survey of the Italian-European regulatory framework, also with specific reference to the objectives of European social policies and through the jurisprudential comparative analysis with the legal system of the Federal Republic of Germany. In particular, with specific reference to a recent environmental dispute brought before the German Constitutional Court (Case Neubauer, et all v. Germany), within which the rights of future generations to live in a healthy environment are recognized. In the aforementioned case, the complainants allege that the German government has not introduced a legal framework sufficient to reduce the emission of greenhouse gases and has not limited the increase in global temperature, according to the parameters agreed in the Paris Climate Agreement of 2015. The ruling of the German Constitutional Court is relevant since it considers it inadequate to achieve the objectives set by the international obligations on the reduction of greenhouse gas emissions assumed by the federal law on climate protection of 2019. The aforementioned law is considered partly unconstitutional because it does not sufficiently protect people from future violations and limitations of the rights of freedom following the gradual intensification of climate change. In particular, in a perspective of solidarity, in a not local but global conception of the environment, with the recognition of the progressive and dangerous climate change, the German Constitutional Court notes that the German legislator has not distributed the CO2 emission balance proportionally and therefore, an adequate distribution of the sacrifice among current and future generations. In particular, the German Court writes: "one generation must not be allowed to consume large portions of the CO2 balance by supporting a relatively smaller share of the reduction effort, if this would leave subsequent generations with a drastic reduction burden and expose their lives to serious losses of liberty". The European and sometimes national regulatory framework still appears to be unsatisfactory with respect to the sustainable development objectives. So, the task of the national courts is that, as in the case of the German Constitutional Court, to evaluate the national regulatory provisions on climate protection, in the light of the principle of solidarity towards future generations, adopting an environmental approach that is not limited in time and in space but global.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."
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Mellado, Roberto P., Gabriel de S. P. Moreira, Adilson M. Da Cunha, and Luiz Alberto V. Dias. "A Software Framework for Identifying the Law of Demeter Violations." In 2015 12th International Conference on Information Technology - New Generations (ITNG). IEEE, 2015. http://dx.doi.org/10.1109/itng.2015.72.
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CHICU, Silvia. "Crimes against the state institutions and security i Romanian Medieval Legislation." In Probleme ale ştiinţelor socioumanistice şi ale modernizării învăţământului. "Ion Creanga" State Pedagogical University, 2022. http://dx.doi.org/10.46728/c.v3.25-03-2022.p151-155.
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In the present study, we set out to analyze the crimes against the state from the perspective of medieval law. The Romanian legal sources from the 17th century classify the crimes against the state as the most serious. The gravity of these violations is determined by the danger they posed to the independence of the state. The study shows that the betrayal of the Lord - the owner of the ruling institution - was associated with the crime against the state, because the clauses of the feudal contract were violated. Any actions against the life, activity and honor of the Lord were qualified as serious offenses and punishable by death. From the register of crimes against the state were also analyzed: coin counterfeiting, forgery of documents and false oath.
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Kurniawan, Yunan Prasetyo, Hartiwiningsih, Hari Purwadi, and Soehartono. "Diversion Urgency in Traffic Violations Committed by Minors." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.343.
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Qiongli, Ma. "Study on Law Violations concerning Facility Agricultural Land in Yunnan Province." In Fifth International Conference on Public Management : International Collaboration for Innovated Public Governance (ICPM 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icpm-18.2018.51.
Full textReports on the topic "Serious violations of international law"
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DOĞRUL, Mürsel, and Hayati ÜNLÜ. TÜBA Filistin - İsrail Savaşı Raporu. Türkiye Bilimler Akademisi, December 2023. http://dx.doi.org/10.53478/tuba.978-625-8352-81-8.
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"This report, compiled with the initiatives of TÜBA International Relations Working Group, analyses the historical, current and future dimensions of the Israeli- Palestinian War in the light of theoretical literature and recent data. On 7 October 2023, the armed attacks by the military wing of Hamas targeting Israeli settlers and the ‘Operation Iron Swords’ launched by Israel in response to the attacks caused serious concerns in the international community in the context of humanitarian crisis and global chaos. The multi-actor nature, impact and historical origins of the Palestinian-Israeli War have made it necessary to examine this issue once again by focusing on historical ruptures. Israel’s disproportionate reprisals, violations of established international norms and laws of war/conflict, and attacks on civilians, including hospitals, have had/are having serious repercussions on international relations and the Middle East region in particular. The report’s findings indicate that the events in the region have led to a realization of the humanitarian crises in the Palestinian territories. This has resulted in a shift away from the traditional poweroriented pro-Israel stance, following domestic protests by countries that rejected the humanitarian tragedy in the Gaza Strip. However, due to the unfair structural and institutional bias of national and international politics, individual, academic and scientific freedom is still under extreme pressure to protect Israel."
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TÜBA REPORT ON THE PALESTINIAN-ISRAELI WAR. Türkiye Bilimler Akademisi, December 2022. http://dx.doi.org/10.53478/tuba.978-625-8352-82-5.
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"This report, compiled with the initiatives of TÜBA International Relations Working Group, analyses the historical, current and future dimensions of the Israeli-Palestinian War in the light of theoretical literature and recent data. On 7 October 2023, the armed attacks by the military wing of Hamas targeting Israeli settlers and the ‘Operation Iron Swords’ launched by Israel in response to the attacks caused serious concerns in the international com- munity in the context of humanitarian crisis and global chaos. The multi-a- ctor nature, impact and historical origins of the Palestinian-Israeli War have made it necessary to examine this issue once again by focusing on historical ruptures. Israel’s disproportionate reprisals, violations of established inter- national norms and laws of war/conflict, and attacks on civilians, including hospitals, have had/are having serious repercussions on international rela- tions and the Middle East region in particular. The report’s findings indicate that the events in the region have led to an awareness of the humanitarian crises in the Palestinian territories. This has resulted in a shift away from the traditional power-oriented pro-Israel stance, following domestic protests by countries that rejected the humanitarian tragedy in the Gaza Strip. However, due to the unfair structural and institutional bias of national and internati- onal policy, individual, academic and freedom of expression are still under extreme pressure to protect Israel."
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DOĞRUL, Mürsel, and Hayati ÜNLÜ, eds. TUBA takrir el-Harbi’l-Filistiniyye’l-İsrailiyye. Turkish Academy of Sciences, January 2024. http://dx.doi.org/10.53478/tuba.978-625-8352-90-0.
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"This report, compiled with the initiatives of TÜBA International Relations Working Group, analyses the historical, current and future dimensions of the Israeli-Palestinian War in the light of theoretical literature and recent data. On 7 October 2023, the armed attacks by the military wing of Hamas targeting Israeli settlers and the ‘Operation Iron Swords’ launched by Israel in response to the attacks caused serious concerns in the international com- munity in the context of humanitarian crisis and global chaos. The multi-a- ctor nature, impact and historical origins of the Palestinian-Israeli War have made it necessary to examine this issue once again by focusing on historical ruptures. Israel’s disproportionate reprisals, violations of established inter- national norms and laws of war/conflict, and attacks on civilians, including hospitals, have had/are having serious repercussions on international rela- tions and the Middle East region in particular. The report’s findings indicate that the events in the region have led to an awareness of the humanitarian crises in the Palestinian territories. This has resulted in a shift away from the traditional power-oriented pro-Israel stance, following domestic protests by countries that rejected the humanitarian tragedy in the Gaza Strip. However, due to the unfair structural and institutional bias of national and internati- onal policy, individual, academic and freedom of expression are still under extreme pressure to protect Israel."
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Bo, Marta, Laura Bruun, and Vincent Boulanin. Retaining Human Responsibility in the Development and Use of Autonomous Weapon Systems: On Accountability for Violations of International Humanitarian Law Involving AWS. Stockholm International Peace Research Institute, October 2022. http://dx.doi.org/10.55163/ahbc1664.
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It is undisputed that humans must retain responsibility for the development and use of autonomous weapon systems (AWS) because machines cannot be held accountable for violations of international humanitarian law (IHL). However, the critical question of how, in practice, humans would be held responsible for IHL violations involving AWS has not featured strongly in the policy debate on AWS. This report aims to offer a comprehensive analysis of that very question. This report explores how the two central frameworks structuring the ascription of responsibility for IHL violations—namely the rules governing state responsibility and individual criminal responsibility—apply to the development and use of AWS. The report aims to help policymakers (a) deepen their understanding of the conditions necessary to hold states and individuals accountable for IHL violations; (b) identify issues that would make IHL violations involving AWS development and use potentially difficult to discern, scrutinize and attribute; and (c) formulate policy measures that could help uphold respect for IHL and reduce challenges to holding actors legally responsible.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism. Harvard Law School Program on International Law and Armed Conflict, September 2015. http://dx.doi.org/10.54813/hwga7438.
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The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. Against this backdrop, we evaluate international humanitarian law (IHL) protections for wartime medical assistance concerning terrorists. Through that lens, we expose gaps and weaknesses in IHL. We also examine tensions between IHL and state responses to terrorism more broadly. In studying the IHL regime applicable to medical care, substantive fragmentation and gaps in legal protection between states and across types of conflict emerge. These ruptures are not new. But they are increasingly noticeable as terrorism is more frequently conceptualized as forming part of armed conflicts and as more states undertake aggressive responses to terrorist threats. The U.N. Security Council has been a key driver of these responses, requiring member states to take more and broader steps to obviate terrorist threats. Yet so far the Council has not required that, in doing so, states fully exempt impartial wartime medical care, even in circumstances that would render such care protected under IHL. Rather, the Council seems to consider providing medical assistance and supplies to al-Qaeda and its associates as at least a partial ground for designating those who facilitate such care as terrorists themselves. The overall result today is unsatisfactory. By prosecuting physicians for supporting terrorists through medical care in armed conflicts, some states are likely violating their IHL treaty obligations. But in certain other instances where states intentionally curtail impartial medical care there is no clear IHL violation. Both those actual IHL violations and the lack of clear IHL violations, we think, are cause for concern. The former represent failures to implement the legal regime. And the latter highlight the non-comprehensiveness - or, at least, the indeterminateness and variability - of the normative framework.
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Lewis, Dustin, Gabriella Blum, and Naz Modirzadeh. Indefinite War: Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, February 2017. http://dx.doi.org/10.54813/yrjv6070.
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Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.
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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, June 2021. http://dx.doi.org/10.52008/gh2021sdg.
Full textAbstract:
In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030
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Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/k4d.2021.130.
Full textAbstract:
Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.
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Gilly, Zsófia Bernadett. Impeachment as a tool of lawfare in Latin America : Conceptual and historical overview (Part I). Magyar Külügyi Intézet, 2023. http://dx.doi.org/10.47683/kkielemzesek.ke-2023.27.
Full textAbstract:
The concept of impeachment has its origins in the history of political and legal thought as a constitutional mechanism to remove public officials for serious violations of the law or abuse of power. Originating from England, it has influenced the constitutions of the United States and the countries of Latin America. In addition to concrete grounds for impeachment, constitutions also allow for impeachment based on abstract grounds, designed for cases where no specific offence can be proven, but the abuse of power is so obvious that the people must be guaranteed the right to recall their elected leader. In Latin America, military coups have been replaced by so-called “soft coups”, which abuse various legal instruments. The abstract nature of the grounds for impeachment contributes to the potential misuse of this mechanism as a tool of lawfare, as many cases demonstrate. During the past decade, Peru has experienced a series of impeachments, with three presidents facing removal from office due to political conflicts between the legislative and executive branches. These cases highlight the use of impeachment as a tool of lawfare, undermining democratic stability and raising concerns about the transparency and impartiality of the process, as well as the erosion of democratic principles.