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Journal articles on the topic 'Serious violations of international law'
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1
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.
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Daud, Aidir Amin. "Disparity in Human Rights Violations: A Political and International Law Perspective." Hasanuddin Law Review 2, no. 3 (December 26, 2016): 349. http://dx.doi.org/10.20956/halrev.v2i3.697.
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Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.
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Mora, Paul David. "Jurisdictional Immunities of the State for Serious Violations of International Human Rights Law or the Law of Armed Conflict." Canadian Yearbook of international Law/Annuaire canadien de droit international 50 (2013): 243–87. http://dx.doi.org/10.1017/s0069005800010857.
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SummaryIn its recent decision in Jurisdictional Immunities of the State (Germany v Italy: Greece Intervening), the International Court of Justice (ICJ) held that Italy had failed to respect immunities enjoyed by Germany under international law when the Italian courts allowed civil actions to be brought against Germany for alleged violations of international human rights law (IHRL) and the law of armed conflict (LOAC) committed during the Second World War. This article evaluates the three arguments raised by Italy to justify its denial of immunity: first, that peremptory norms of international law prevail over international rules on jurisdictional immunities; second, that customary international law recognizes an exception to immunity for serious violations of IHRL or the LOAC; and third, that customary international law recognizes an exception to immunity for torts committed by foreign armed forces on the territory of the forum state in the course of an armed conflict. The author concludes that the ICJ was correct to find that none of these arguments deprived Germany of its right under international law to immunity from the civil jurisdiction of the Italian courts.
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Salmón G., Elizabeth. "Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience." International Review of the Red Cross 88, no. 862 (June 2006): 327–53. http://dx.doi.org/10.1017/s1816383106000555.
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Compliance with or violations of international humanitarian law during an armed conflict undoubtedly influence the conduct of the judiciary, the situations of the victims and the correlation of forces in the post-conflict society. This article seeks to determine the influence of international humanitarian law on the transitional justice process. The author examines the specific experience of certain Latin American states that have been deeply affected by serious violations of human rights and international humanitarian law.
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Topa, Ilona. "Right to truth on serious violations of human rights in international law." Roczniki Administracji i Prawa 2, no. XIX (December 31, 2019): 209–25. http://dx.doi.org/10.5604/01.3001.0014.0439.
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The right to truth is extensively recognized in the contemporary legal discussion, especially within the context of the rights of serious human rights violations’ victims and a broader debate on transitional justice, its aims and mechanisms. This right has directly resulted from the activities of international human rights protection bodies. Human rights courts, while dealing with the cases of torture, arbitrary detention and enforced disappearances has established that states are obliged to disclose the truth about past events, and individuals has the right to require a comprehensive and accurate information on the fate of their next of kin. The aim of this article is to analyse the standing of the right to truth in the contemporary international law. Therefore, it describes the development of this concept in international human rights law and examines what is the actual scope, who is entitled to and what are the means of execution of the right to truth.
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Najah Duqmaq. "Israel's International Legal Responsibility for Human Rights Violations in the Occupied Palestinian Territory In accordance with the provisions of international law." مجلة جامعة فلسطين الأهلية للبحوث والدراسات 1, no. 1 (December 30, 2022): 4–36. http://dx.doi.org/10.59994/pau.2022.1.4.
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The West Bank, Gaza Strip, and the city of Jerusalem are occupied territories occupied by Israel following hostilities in the 1967 war. Israel was a State party to the Fourth Geneva Convention of 1949, which refused to apply it to the occupied territories since the common article I of the four Geneva Conventions showed respect for and universal adherence to the principles contained therein. However, Israel has not complied with this but has committed serious violations of the rights of Palestinian citizens, criminalized under the Rome Statute of the International Criminal Court. The research aims to hold Israel internationally responsible for its illegal actions in the occupied Palestinian territories for violating the provisions of international law and resolutions of international legitimacy. The importance of the search for international criminal and civil accountability of Israel for its human rights violations in the Occupied Palestinian Territories is important, as Palestine's accession to the International Criminal Court comes as an important step in terms of ending the impunity of Israeli war criminals in addition to prosecuting them wherever they are regardless of their nationality and the place where the crime was committed in accordance with universal jurisdiction. The problem of the research revolves around: How long will Israel remain without international accountability for its violations of the rights of citizens in the Occupied Palestinian Territory? The researcher followed the descriptive and analytical approach and reached a set of conclusions and recommendations, the most prominent of which are: holding Israel internationally responsible for its internationally wrongful actions in the occupied Palestinian territories represented by the violation of international obligations. Among the most prominent recommendations are the implementation of the recommendations of Amnesty International's report regarding the call of the International Criminal Court to consider the crime of apartheid as part of its investigations into the Palestinian situation before it and that all States exercise universal jurisdiction to bring the perpetrators of apartheid crimes to justice.
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Febriana, Irma, Rika Aulia Bihaqqis, Wina Sari, Rinawati Dewi, Yuridin Yuridin, Sulhan Sulhan, and Syukron Abdul Kadir. "State Reconciliation in Resolving Cases of Past Serious Human Rights Violations (Case Study of the Trisakti Tragedy and May 1998 Riots)." Formosa Journal of Applied Sciences 3, no. 3 (March 27, 2024): 909–24. http://dx.doi.org/10.55927/fjas.v3i3.7847.
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In international human rights standards, there are four typs of serious human rights violations regulated in Article 5 of the Rome Statute of the International Criminal Court (ICC). The Indonesian goverment it self continues to strive to resolve cases of serious human rights violations, but until now these cases have not been resolved. The purpose of writing this journal aims to further analyze how serious human rights violations accurred in Indonesia in 1998 and analyze the process of resolving serious human rights violations during the ethnic Chinese diaspora incident and the Trisakti incident. The approach method used in writing this law is a normative approach with a qualitative approach described descriptively. By researching library materials or secondary data. The research spectifactions in writing this journal are analytical descriptive.
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Meron, Theodor. "War Crimes Law Comes of Age." American Journal of International Law 92, no. 3 (July 1998): 462–68. http://dx.doi.org/10.2307/2997918.
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The rapid and fundamental developments in the last few years on the establishment of individual criminal responsibility for serious violations of international humanitarian law have been such that it is now an appropriate time to assess their principal features.
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Breau, Susan C. "THE YEAR IN REVIEW." Yearbook of International Humanitarian Law 12 (December 2009): 195–232. http://dx.doi.org/10.1017/s1389135909000075.
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AbstractThis year in review will first discuss the major developments that contributed towards the formation or enforcement of international humanitarian law. Despite the many positive developments in the elucidation of international humanitarian law, 2009 witnessed the continuation of violent armed conflict around the world, not least in Sri Lanka where the long standing armed conflict came to a bloody conclusion amidst allegations of summary executions and other serious violations of international humanitarian law. Two other conflicts involving Israel/Gaza and Russia/Georgia which took place in 2008 and early 2009, resulted in the release of two influential international investigative reports, each of which alleged serious violations of international humanitarian law and called for the enforcement of criminal accountability. The election of Barack Obama marked a significant shift in the attitude of the United States to terrorism and detention with the new President immediately announcing on taking office, the closure of Guantánamo Bay.
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Staiano, Fulvia. "Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence." Italian Yearbook of International Law Online 22, no. 1 (2013): 201–20. http://dx.doi.org/10.1163/22116133-02201010.
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Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.
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Rikhof, Joseph. "Exclusion Law and International Law: Sui Generis or Overlap?" International Journal on Minority and Group Rights 20, no. 2 (2013): 199–232. http://dx.doi.org/10.1163/15718115-02002004.
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There exists a strong synergy between the regulation at the international level of minority rights, asylum and criminal prosecutions of violations of human rights. The aspirations of minorities as a human right are recognised in the International Covenant on Civil and Political Rights while the violation of such a right can confer on a victim the status of refugee in a third country. As well, persons who are responsible for causing very serious disruptions to the rights of minorities and other groups can be brought to justice for the commission of genocide and crimes against humanity, particularly persecution. While in general there has been a clear distinction between the granting of asylum or refugee status to victims of persecution one hand and the prosecution of perpetrators of persecution on the other, these two notions have been brought together into the concept of exclusion in order to address the phenomenon of persons with a criminal background being part of the refugee stream arriving in a third country. Exclusion is an essential part of refugee law to ensure that persons who have committed criminal acts will not benefit from the benefits set out in the Refugee Convention. This article will discuss the parameters of exclusion as determined by the jurisprudence in six countries in North America and Europe where this issue has been at the forefront in the last decade.
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Novitasari, Ratih, Yetniwati Yetniwati, and Dwi Suryahartati. "Pengaturan Penjatuhan Sanksi terhadap Pelanggaran Berat yang Dilakukan oleh Notaris dalam Perspektif Peraturan Perundang-Undangan." Wajah Hukum 6, no. 2 (October 14, 2022): 211. http://dx.doi.org/10.33087/wjh.v6i2.821.
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Sanction about violations that commited by Notary are regulated in Notary position regulation and ethics code of Notary. But, there is no further explanation regarding the form of violations such as what can be said as a minor violation to a serious violation in the imposition of a Notary sanction cause the ambiguity of norms in Article 9 paragraph (1) letter d regarding Notary violations and Article 12 letter d regarding gross violations by Notary. The purpose of this study is to find out and analyze the arrangements of sanctions imposition for gross violations committed by Notary and Notary legal efforts that are sanctioned for gross violations in the perspective of laws and regulations by using the type of normative juridical law research. To determine the types of violations or classification of notary violations, based on the review and policy of the Notary Supervisory Assembly as an authorized official with reference to applicable laws and regulations because there is no further explanation of the classification of notary violations. If the Notary feels the objection to being sanctioned for gross violations, then the Notary can file a legal effort that is to file a lawsuit with the State Administrative Court.
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Roscini, Marco. "The United Nations Security Council and the Enforcement of International Humanitarian Law." Israel Law Review 43, no. 2 (2010): 330–59. http://dx.doi.org/10.1017/s0021223700000790.
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This Article discusses the competences and powers of the UN Security Council in securing compliance with international humanitarian law, in particular through the adoption of the measures provided in Chapter VII of the Charter: The competence of the Council in this field can be founded on several legal grounds: on a broad interpretation of the notion of “threat to the peace” (Article 39 of the Charter), on Article 94(2) with regard to the International Court of Justice's judgments establishing violations of the jus in bello and also on the customary duty to ensure respect for international humanitarian law as reflected in Article 1 Common to the 1949 Geneva Conventions on the Protection of the Victims of War. In particular, such customary provision empowers the Security Council to react to any violation of international humanitarian law regardless of a nexus with concerns of international stability. Although the Council has adopted a variety of measures in relation to violations of the laws of war, the most incisive ones are those provided in Articles 41 and 42 of Chapter VII, which however are not without problems. The role the Security Council has played in the enforcement of international humanitarian law has been criticized because of its selective and opportunistic approach, which is due to the political nature of the organ. Also, in several instances the Council, far from securing compliance with the jus in bello, has instead interfered with its application. However selective and imperfect the Council's approach might be, though, its power to adopt decisions binding on UN members and its competence to take or authorize coercive measures involving the use of force make it potentially a formidable instrument against serious violations of international humanitarian law, partly remedying the lack of enforcing mechanisms in the treaties on the laws of war.
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Kleffner, Jann K., and Liesbeth Zegveld. "Establishing an Individual Complaints Procedure for Violations of International Humanitarian Law." Yearbook of International Humanitarian Law 3 (December 2000): 384–401. http://dx.doi.org/10.1017/s1389135900000714.
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Currently, no judicial or quasi-judicial mechanisms exist with the explicit competence to consider complaints of individuals claiming to be victims of violations of international humanitarian law. The International Committee of the Red Cross (ICRC) cannot fulfil this role as it has neither the means, the purpose nor the mandate to make enforceable judicial determinations with regard to claims of individuals alleging to be victims of such violations. Instead, it operates mainly through confidential discussions with governments. Likewise, criminal prosecutions of individual perpetrators before national or international courts, while contributing significantly to improving the implementation of humanitarian law, cannot and should not be the only answer to violations of the law. For one thing, the future International Criminal Court (ICC) will only consider the most serious violations of humanitarian law, leaving numerous other violations uninvestigated. Moreover, criminal prosecutions are concerned with individuals rather than parties to the conflict. The acts that are labelled as international crimes, however, find their basis in the collectivity. Crimes are unlikely to be prevented nor will compliance with their prohibition be significantly improved through criminal prosecution of individuals alone. Similarly, while the ICC may, either upon request or on its own motion, afford reparations to victims of war crimes, these are reparations afforded within the individual responsibility framework of the ICC. The Court may make an order directly against a convicted person rather than against a state or entity.
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Mohamed, Saira. "Introductory Remarks by Saira Mohamed." Proceedings of the ASIL Annual Meeting 113 (2019): 365–66. http://dx.doi.org/10.1017/amp.2019.150.
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Welcome to this discussion on “Emerging Accountability Mechanisms: Innovative or Ineffective?” During this session, four expert panelists will examine the evolution and future of so-called “alternative” or “non-traditional” mechanisms that aim to secure accountability for serious violations of international human rights law and international humanitarian law. This category comprises mechanisms with a range of goals and forms, from investigative institutions that prepare evidence to be handed off to criminal courts, to transitional justice mechanisms that seek through non-criminal means to redress violations, prevent a relapse into violence, and facilitate reconciliation.
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Vermeer-Künzli, Annemarieke. "Restricting Discretion: Judicial Review of Diplomatic Protection." Nordic Journal of International Law 75, no. 2 (2006): 279–307. http://dx.doi.org/10.1163/157181006778666551.
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AbstractIn the last 30 years, individuals have increasingly filed complaints against their national governments for failure to exercise diplomatic protection on their behalf, in particular in cases of serious violations of international human rights law. Despite the fact that diplomatic protection has traditionally been regarded as a discretionary right of states, the national courts have invariably decided to enter into the merits of the case and to review the exercise of diplomatic protection by the executive. Initially, a draft article on this subject was not accepted by the International Law Commission in the Draft Articles on first reading, but an encouraging provision was included in the Draft Articles adopted on second reading. The development discussed in this article shows support for an obligation to exercise diplomatic protection in case of serious violations of human rights law.
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Mohammad Bitar and Benarji Chakka. "Responsibility for Violation of Rights of Migrants in Libyan Detention Centre." Mizan Law Review 17, no. 2 (December 18, 2023): 315–42. http://dx.doi.org/10.4314/mlr.v17i2.4.
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Migrants in Libya are experiencing the worst form of human rights violations, particularly after the fall of the Gaddafi regime. Post-2014 migrants faced a serious threat of human rights violations in detention centres and became the most vulnerable in Libyan society. The migrants experienced various human rights violations such as murder, torture, rape, enforced disappearance, and forced labour that may amount to crimes against humanity in international criminal law. In light of this situation, European policies aim at returning migrants to the European coasts. This has led to the conclusion of bilateral and multilateral migration agreements with the Libyan government and armed non-state actors. These policies have contributed to the vulnerability of migrants and the legitimization of violations by armed non-state actors. This article examines the violations committed against migrants in detention centres in Libya under the national and international legal framework with the aim of revealing the shortcomings and gaps in the Libyan national legal system and identifying the responsibility of the Libyan government, European Union countries and non-state actors for violations committed against immigrants in Libya.
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La Rosa, Anne-Marie. "A tremendous challenge for the International Criminal Tribunals: reconciling the requirements of international humanitarian law with those of fair trial." International Review of the Red Cross 37, no. 321 (December 1997): 635–50. http://dx.doi.org/10.1017/s0020860400077731.
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The two International Criminal Tribunals set up by the United Nations Security Council in 19931 and 19942 are in the process of demonstrating that international repression of serious violations of international humanitarian law is no longer a purely theoretical concept. A total of 21 persons charged with or suspected of committing such breaches have been transferred to the seat of the Arusha Tribunal, and two judgments sentencing the defendants to prison terms have been handed down by the Hague Tribunal. The two Tribunals are competent to hear cases against persons allegedly responsible for serious violations of humanitarian law, but in so doing they are also required, under their respective Statutes, to ensure that the internationally recognized rules relating to the rights of the accused are fully respected at all stages of the proceedings. Article 20 of the Statute of the Tribunal for Rwanda and Article 21 of that of the Tribunal for the former Yugoslavia, modelled on Article 14 of the International Covenant on Civil and Political Rights, enumerate in detail the rights that must be accorded to every accused person.
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Bornkamm, Paul Christoph. "State Immunity Against Claims Arising from War Crimes: The Judgment of the International Court of Justice inJurisdictional Immunities of the State." German Law Journal 13, no. 6 (June 2012): 773–82. http://dx.doi.org/10.1017/s2071832200020733.
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The recent judgment of the International Court of Justice (ICJ) in theCase Concerning Jurisdictional Immunities of the State(Germany v. Italy; Greece Intervening) marks the climax of a series of legal proceedings before Greek, Italian, and German courts, as well as the European Court of Human Rights (ECHR) stretching over a period of more than fifteen years. The international community had eagerly awaited the ICJ's findings on the issue at the heart of the dispute, namely the scope of state immunity before foreign courts in cases concerning claims arising from serious violations of international humanitarian law. While most expected the Court to rule in favor of Germany and to uphold state immunity in principle, it was unclear whether the Court would acknowledge the increasing erosion of immunity with respect to serious violations of human rights or international humanitarian law. To the disappointment of many, the Court took a conservative approach and rejected the idea of an emerging exception from state immunity.
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Tejan-Cole, Abdul. "The complementary and conflicting relationship between the Special Court for Sierra Leone and the Truth and Reconciliation Commission." Yearbook of International Humanitarian Law 5 (December 2002): 313–30. http://dx.doi.org/10.1017/s1389135900001100.
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Societies emerging from political turmoil and civil unrest associated with gross violations of human rights and humanitarian law face the crucial question of how to deal with these atrocities and put the past in its place. Since the 1980s, this problem has been a major preoccupation of international law and scholarship. The traditional responses include outside intervention in such states pursuant to Chapter VII powers under the United Nations Charter, grants of conditional amnesty to perpetrators of war crimes and crimes against humanity, grants of some form of unconditional amnesty, and prosecution of perpetrators.Nowhere is this question more pressing than in Sierra Leone, which recently emerged from a ten-year civil war characterized by systematic, serious and widespread violations of human rights and international humanitarian law. The Government of Sierra Leone had to make a choice between these four traditional strategies for dealing with these pervasive human rights violations.
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Ridhani, Vera. "ARMS TRADE BETWEEN UNITED KINGDOM WITH SAUDI ARABIA IN YEMEN CONFLICT ASSOCIATED WITH ARMS TRADE TREATY 2014 AND INTERNATIONAL LAW." Padjadjaran Journal of International Law 4, no. 2 (June 30, 2020): 132–53. http://dx.doi.org/10.23920/pjil.v4i2.347.
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Abstract
In March 2015, the Saudi-led coalition of nine Arab countries commenced its military operations against the Houthi rebels and the forces loyal to President Saleh. This operation included bombing raids to civilians and civilian objects, a blockade in the Gulf of Aden, which is causing widespread humanitarian suffering in Yemen. During the Yemen conflict, the United Kingdom has issued 152 military licenses and export arms to Saudi Arabia with a value of £ 2,8 billion. The arms exported by the United Kingdom and use of weapons by Saudi Arabia has resulted in serious violation of International Humanitarian Law. Furthermore, the United Kingdom, as a state party to the Arms Trade Treaty 2014, has violated Article 6(3) and Article 7 of the Arms Trade Treaty for exporting the weapons without conducting mitigation risk and assessment. This article aims to analyze the violations of the Arms Trade Treaty caused by the serious violations of International Humanitarian Law, as well as the violations of United Kingdom’s national law and framework governing arms exports. This article also argues that according to the International Law Commission Article on Responsibility of States for Internationally Wrongful Acts, the United Kingdom is responsible for the arms export that has caused damage to Yemen and should carry out compensation as a form of state responsibility.
Keywords: Arms Trade Treaty, Export, Transfer
Abstrak
Pada Maret 2015, koalisi pimpinan Arab Saudi dan kelompok koalisi melakukan operasi militer melawan pemberontak Houthi dan pasukan yang setia kepada Presiden Saleh. Operasi ini termasuk serangan pemboman terhadap warga sipil dan objek sipil, blokade di Teluk Aden, yang menyebabkan penderitaan kemanusiaan yang meluas di Yaman. Selama konflik Yaman, Inggris telah menerbitkan 152 lisensi militer dan mengekspor senjata ke Arab Saudi senilai £ 2,8 miliar. Senjata yang diekspor Inggris dan penggunaan senjata oleh Arab Saudi telah mengakibatkan pelanggaran serius Hukum Humaniter Internasional. Lebih lanjut, Inggris sebagai negara pihak Arms Trade Treaty 2014 telah melanggar Pasal 6(3) dan Pasal 7 Arms Trade Treaty karena mengekspor senjata tanpa melakukan mitigasi risiko dan penilaian. Artikel ini bertujuan untuk menganalisis pelanggaran Arms Trade Treaty yang disebabkan oleh pelanggaran serius Hukum Humaniter Internasional, serta pelanggaran hukum nasional Inggris dan kerangka kerja yang mengatur ekspor senjata. Artikel ini juga berpendapat bahwa menurut International Law Commission Article on Responsibility of States for Internationally Wrongful Acts, Inggris bertanggung jawab atas ekspor senjata yang telah menyebabkan kerusakan di Yaman dan harus melakukan kompensasi sebagai bentuk tanggung jawab negara.
Kata Kunci: Ekspor, Perjanjian Perdagangan Senjata, Transfer
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Adegbonmire, Jumoke. "The death of Jamal Kashoggi: Issues of Human Rights Violations and International Law." Review of Human Rights 4, no. 1 (August 22, 2019): 50–63. http://dx.doi.org/10.35994/rhr.v4i1.89.
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State responsibility is a cardinal principle of international law. The doctrine of State sovereignty under international law accords States’ legal personality and requires that they fulfill international obligations. International law imposes obligations on States to perform their duties in ensuring that a breach of international law does not go unpunished. Consequences for such actions means that States need to adhere to procedural and substantive law in addition to offering reparation for the violation of an international obligation. In the past, violation of an international obligation was only attributed to States as they were considered to be the only entity that could possess rights and duties within the international sphere. Therefore States were considered to be the only ones that could be criminally liable for acts that could be attributed to them. But the development in human rights law and the advent of rules governing personal criminal responsibility has extended the scope of international obligations under international law to include States and individuals as being liable for international crimes. The international law disallows immunity from prosecution in foreign domestic courts for the most serious crimes: Re-Pinochet case. This means State responsibility and individual responsibility for wrongful acts are not mutually exclusive.
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Van Ho, Tara L. "Is it Already Too Late for Colombia’s Land Restitution Process?" International Human Rights Law Review 5, no. 1 (July 15, 2016): 60–85. http://dx.doi.org/10.1163/22131035-00501003.
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Approximately five million people were forcefully displaced by the civil war in Colombia. The 2011 Colombian Victims’ Law is intended to provide property restitution to some of the individuals displaced as a result of human rights and humanitarian law violations. During the conflict, however, land titles and property rights were transferred to corporations, including foreign corporations protected by international investment law. The impact of the restitution process outlined in the Victims’ Law on foreign corporations raises concerns that international investment law may inhibit the full realisation of the Victims’ Law’s restitution process. This article uses the Colombian context to explore broader issues of the impact investment law’s protection of foreign corporations can have on transitional justice initiatives aimed at remedying and redressing serious and systematic human rights and humanitarian law violations.
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Teplytska, Natalia. "INTERNATIONAL LEGAL STANDARDS FOR THE EQUITABLE PROVISION OF TRANSITIONAL JUSTICE." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 36–44. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-4.
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In a situation of transition from conflict or authoritarian rule, which has led to gross human rights violations or serious violations of international humanitarian law, the United Nations pays special attention to the measures taken by the relevant authorities to ensure truth, justice and reparation. International instruments define transitional justice as follows: «a set of processes and mechanisms related to society’s attempts to overcome the grave consequences of large-scale violations of the law in the past in order to ensure accountability, justice and reconciliation». The international community has a duty to take immediate steps to protect human rights and security in a situation where the internal system of law enforcement is destroyed or ceases to function as a result of the conflict. In the long run, no special, temporary or external measures can replace justice. Therefore, for decades, a number of United Nations agencies have been helping countries strengthen their national justice systems in line with international standards. Transitional justice is a set of measures related to systematic or mass human rights violations that compensates victims of violations, as well as enabling or facilitating the transformation of political systems, conflicts and other conditions that may be at the root of abuse. The Office of the United Nations High Commissioner for Human Rights is increasingly recognizing the need to intensify its support for the United Nations system’s efforts to take swift and effective action in post-conflict settlement missions to restore the rule of law and restore justice. Countries emerging from conflicts and crises are often characterized by insufficient or no rule of law, inadequate capacity to administer and administer justice, and an increase in human rights violations. This situation is often exacerbated by a lack of public confidence in public authorities and a lack of resources. Key words: human rights, rule of law, transitional justice, international standards, conflict and post-conflict periods.
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Lyons, Joshua. "Documenting violations of international humanitarian law from space: a critical review of geospatial analysis of satellite imagery during armed conflicts in Gaza (2009), Georgia (2008), and Sri Lanka (2009)." International Review of the Red Cross 94, no. 886 (June 2012): 739–63. http://dx.doi.org/10.1017/s1816383112000756.
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AbstractSince the launch of the first commercial very high resolution satellite sensor in 1999 there has been a growing awareness and application of space technology for the remote identification of potential violations of human rights and international humanitarian law. As examined in the three cases of armed conflict in Gaza, Georgia, and Sri Lanka, analysis of satellite imagery was able to provide investigators with independent, verifiable, and compelling evidence of serious violations of international humanitarian law. Also examined are the important limitations to such imagery-based analysis, including the larger technical, analytical, and political challenges facing the humanitarian and human rights community for conducting satellite-based analysis in the future.
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Field, Sarah M. "UN Security Council Resolutions Concerning Children Affected by Armed Conflict: In Whose ‘Best Interest’?" International Journal of Children’s Rights 21, no. 1 (2013): 127–61. http://dx.doi.org/10.1163/15718182-5680023.
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The agreement by the Security Council to adopt thematic resolutions on children is a powerful expression of our collective commitment to children and their rights: specifically to ensuring children’s right to protection from serious violations of international law. Still history is replete with examples of protectionism by powerful decision-makers; not all follow a rights-based approach as entrenched within international human rights law. The objective of this paper is to investigate the decision-making processes and related outcomes of the Security Council from the perspective of international law. At the core of this investigation is an analysis of two interconnected dynamics: first the extent to which the Council is bound – under the Charter of the United Nations – by the Convention on the Rights of the Child (CRC); and second the extent to which the Council is in compliance with these obligations. This includes de-constructing the resolutions from the perspective of the procedural right of the best interests of the child and also assessing the outcomes with reference to the Council’s primary responsibility – the maintenance of peace and security. Attentive to the normative power of the Security Council’s decisions and recommendations, the paper cuts deeper to investigate: (i) the legal effects of the resolutions for the development international law relating to children and (ii) the consequences for children’s right to protection from serious violations of international law – present and future.
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Dutli, María Teresa. "National Implementation Measures of International Humanitarian Law: Some Practical Aspects." Yearbook of International Humanitarian Law 1 (December 1998): 245–61. http://dx.doi.org/10.1017/s1389135900000131.
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From one perspective, the modern development of international humanitarian law has been a remarkable success. Its rules are among the most detailed and extensive of international law. Its principal treaties enjoy almost universal acceptance. For the other side of the picture, one has only to look at what is happening in most recent armed conflicts to realize that serious violations of humanitarian law are rife all over the world. This leads to the conclusion that it iscompliance— respect for the rules — which is the major challenge facing humanitarian law today rather than its very existence or the adequacy of its provisions.
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Kaźmierczak, Krzysztof. "Land Warfare During the Russian-Ukrainian War and International Humanitarian Law." Acta Universitatis Lodziensis. Folia Iuridica 106 (March 30, 2024): 55–78. http://dx.doi.org/10.18778/0208-6069.106.04.
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The Russo-Ukrainian War is one of the largest – and probably the most intensive – conflicts of the last several decades. Fought between large, regular, and well-equipped forces of two sides, it naturally provides an extremely wide scope of materials for analysis as to the functioning of ius in bello.
At the current stage, however, the evidence is often piecemeal and unclear, particularly taking into consideration the lack of access to documents and to Russian materials. While there is a significant body of evidence to indicate serious violations of humanitarian law, including indiscriminate or deliberate attacks on civilian targets, a detailed analysis requires taking into consideration a broader scope of circumstances which at this point are unclear. One of areas where we have strong evidence, if based on a sample, is the issue of the treatment of the prisoners of war. In general, the initial information seems to indicate widespread and systematic violations of humanitarian law during the conflict.
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Kolodkin, Roman A. "An ad hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law in the Former Yugoslavia." Criminal Law Forum 5, no. 2-3 (June 1994): 381–99. http://dx.doi.org/10.1007/bf01683222.
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Abbott, Kenneth W. "International Relations Theory, International Law, and the Regime Governing Atrocities in Internal Conflicts." American Journal of International Law 93, no. 2 (April 1999): 361–79. http://dx.doi.org/10.2307/2997995.
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Over the last ten years, international relations (IR) theory, a branch of political science, has animated some of the most exciting scholarship in international law.1 If a true joint discipline has not yet emerged,2 scholars in both fields have clearly established the value of interdisciplinary cross-fertilization. Yet IR—like international law—comprises several distinct theoretical approaches or “methods.” While this complexity makes interactions between the disciplines especially rich, it also makes them difficult to explore concisely. This essay thus constitutes something of a minisymposium in itself: it summarizes the four principal schools of IR theory—conventionally identified as “realist,” “institutionalist,” “liberal” and “constructivist”—and then applies them to the norms and institutions governing serious violations of human dignity during internal conflicts (the “atrocities regime”).
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Philpot, John. "Le tribunal pénal international pour le Rwanda - La justice trahie (Note)." Études internationales 27, no. 4 (April 12, 2005): 827–40. http://dx.doi.org/10.7202/703665ar.
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On November 8,1994, the Security Council of the United Nations adopted Resolution 955 creating an ad hoc international criminal tribunal to judge individuals responsible for violations of international humanitarian law committed in Rwanda between January 1, 1994 and December 31, 1994. In its form and structure, the Tribunal does not respect basic legal requirements required of a tribunal set up in international law. Us mandate - limited in time, in scope of potential indictment, and in jurisdiction to violations of international humanitarian law - mil prevent any light from being shed on the real issue raised by the Rwandan conflict, namely that of armed military intervention in Rwanda from Uganda. It will likely lead to the reinforcement of a one-sided view of the crisis in Rwanda and legitimate further unilateral interventionist policies in Africa and elsewhere. The Tribunal will institutionalize the de facto impunity for the members and supporters of the present government of Rwanda who undoubtedly committed many serious crimes between October 1, 1990 and the present.
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Kama, Laïty. "Foreword by the President of the International Criminal Tribunal for Rwanda." International Review of the Red Cross 37, no. 321 (December 1997): 603–4. http://dx.doi.org/10.1017/s0020860400077706.
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The decision to devote an issue of the International Review of the Red Cross to a series of articles on the two ad hoc International Criminal Tribunals set up by the United Nations to prosecute persons responsible for serious violations of international humanitarian law in the former Yugoslavia and in Rwanda reflects the increasing importance of these courts both for the general public and for legal experts.
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BUERGENTHAL, THOMAS. "The Contemporary Significance of International Human Rights Law." Leiden Journal of International Law 22, no. 2 (June 2009): 217–23. http://dx.doi.org/10.1017/s0922156509005792.
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AbstractJudge Buergenthal argues that the increased acceptance by states of international human rights obligations proclaimed in UN and regional treaties, reinforced by the jurisprudence of international and regional tribunals, accounts for the substantial progress that has been made in the protection of human rights throughout the world. The resultant political significance of international human rights law and the international community's growing expectation of compliance with that law explain why states engaging in large-scale human rights violations increasingly risk serious political and economic consequences for such practices. A state's continuing non-compliance with its international human rights obligations tends also to lead to the gradual loss by its government of the national and international legitimacy it needs in order to govern, which may in time contribute to its fall.
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Dörmann, Knut. "Preparatory Commission for the International Criminal Court: The Elements of War Crimes: Part II: Other serious violations of the laws and customs applicable in international and non-international armed conflicts." International Review of the Red Cross 83, no. 842 (June 2001): 461–88. http://dx.doi.org/10.1017/s1560775500105760.
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Résumé Dans un article publié dans le numéro de septembre 2000 de la Revue, l'auteur examinait les résultats des travaux de la Commission préparatoire de la Cour pénale internationale chargée d'élaborer les éléments des crimes de guerre qui compléteront les dispositions du Statut de Rome et se rapportent aux violations graves des Conventions de Genève et de son Protocole additionnel I. La présente contribution continue l'analyse des travaux de la Commission et porte plus particulièrement sur les éléments des autres violations graves des lois et coutumes applicables aux conflits armés, de caractère international ou non international. Se référant à l'ensemble des travaux de la Commission préparatoire, l'auteur rappelle que les «éléments des crimes» ne créent pas un nouveau droit mais constituent plutôt un instrument qui aidera les juges dans l'interprétation du droit en vigueur. Compris dans ce sens, le résultat est positif.
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Wembou, Djiena. "The International Criminal Tribunal for Rwanda: Its role in the African context." International Review of the Red Cross 37, no. 321 (December 1997): 685–93. http://dx.doi.org/10.1017/s0020860400077779.
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In the face of the atrocities committed in Rwanda between April and July 1994, the international community committed itself to ensuring respect for international humanitarian law and trying those responsible for breaches of it. Thus, on 8 November 1994, the United Nations Security Council adopted resolution 955 creating 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 of Rwandan citizens responsible for such acts committed in the territory of neighbouring States.
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Dugard, John. "Bridging the gap between human rights and humanitarian law: The punishment of offenders." International Review of the Red Cross 38, no. 324 (September 1998): 445–53. http://dx.doi.org/10.1017/s0020860400091245.
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In 1948, when the Universal Declaration of Human Rights was adopted, human rights and humanitarian law were treated as separate fields. Since the 1968 Tehran International Conference on Human Rights, the situation has changed dramatically and the two subjects are now considered as different branches of the same discipline. A number of factors have contributed to this merger, including the growing significance of international criminal law and the criminalization of serious violations of human rights. This is the theme of the present comment.
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Sumigar, Bernhard Ruben Fritz. "Business Enterprises Activities in Arms Industry Sector: International Law Overview." terAs Law Review : Jurnal Hukum Humaniter dan HAM 2, no. 1 (December 12, 2020): 145–64. http://dx.doi.org/10.25105/teras-lrev.v1i2.6772.
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In the current era of Revolution Industry 4.0, the advance of technology is indeed influenced the rapid development of arms industry. This supported by the arms companies’ contribution in supplying weapons to the warring parties. Nevertheless, such indirect participation in armed conflicts is marred by serious violations of human rights and the law of armed conflicts. By virtue of this reasoning, this article is present to evaluate whether these arms companies are bound by international law. The author observed that there are certain provisions under International Humanitarian Law and International Human Rights Law that can be applied for mitigating, as well as preventing these companies for not conducting any activities with similar nature in the near future.
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Vrdoljak, Ana Filipa. "UNESCO, world heritage and human rights." International Journal of Cultural Property 29, no. 4 (November 2022): 459–86. http://dx.doi.org/10.1017/s094073912200039x.
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AbstractThis article examines the relationship between the World Heritage Convention and international human rights law. The first part of the article draws on key phrases in Article 1 of the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) Constitution, which defines its purpose to elaborate on the role of human rights to UNESCO’s mandate and how developments in international human rights law over the last 75 years have been translated into the organization’s policies and programs and the implementation of the World Heritage Convention. The second part details how human rights violations related to World Heritage properties expose significant shortcomings in UNESCO’s fulfillment of its mandate and states’ compliance with international human rights norms. The third part outlines the international responsibility of various actors in respect of serious violations of human rights related to World Heritage properties. The final part identifies possible areas of reform in the operation of the World Heritage Convention that may facilitate its alignment with international human rights law and UNESCO’s adherence to its mandate.
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Naqvi, Yasmin. "The right to the truth in international law: fact or fiction?" International Review of the Red Cross 88, no. 862 (June 2006): 245–73. http://dx.doi.org/10.1017/s1816383106000518.
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The right to the truth has emerged as a legal concept at the national, regional and international levels, and relates to the obligation of the state to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning “truth” into a legal right, particularly from the criminal law perspective.
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Mnatsakanian, Siuzanna. "Interim measures as human rights protection instruments: to the problem statement." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 539–44. http://dx.doi.org/10.33663/0869-2491-2021-32-539-544.
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Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.
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Erauw, Gregg. "Trading Away Women’s Rights: A Feminist Critique of the Canada–Colombia Free Trade Agreement." Canadian Yearbook of international Law/Annuaire canadien de droit international 47 (2010): 161–96. http://dx.doi.org/10.1017/s0069005800009863.
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SummaryThe internal conflict in Colombia has resulted in documented violations of human rights and international humanitarian law. In particular, Colombian women and their human rights have been disproportionately impacted by the conflict. It is within this context that the Canada-Colombia Free Trade Agreement (CCFTA) is being proposed, and there is serious concern that Canadian investors could perpetuate the violence or become complicit beneficiaries of human rights violations in Colombia once the CCFTA is ratified. Against this background, this article takes a feminist approach to international investment law to demonstrate that international investment agreements (IIAs) and free trade agreements with investment provisions (FTAs), such as the CCFTA, maintain and reinforce gender hierarchy to the detriment of women’s socio-economic rights, needs, and interests. By engaging in a feminist critique of the CCFTA’s provisions on non-discrimination, performance, expropriation, corporate social responsibility, reservations, investor-state arbitration, and general exceptions, as well as the labour side agreement, the ramifications of international investment law on Colombian women’s rights and women’s rights generally becomes apparent. In order to remedy these shortcomings, recommendations are made to alleviate the potential strain of international investment law and the CCFTA specifically on women’s rights.