Journal articles: 'War (International law)'

1

Smith, L. V. "War, International Law, and International Relations." German History 33, no. 4 (April 8, 2015): 646–51. http://dx.doi.org/10.1093/gerhis/ghv062.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

CONTRERAS, FRANCISCO J., and IGNACIO DE LA RASILLA. "On War as Law and Law as War." Leiden Journal of International Law 21, no. 3 (September 2008): 765–82. http://dx.doi.org/10.1017/s092215650800530x.

Full text

Abstract:

A locus classicus of international law, the study of the regulation of the legality of the use of force has an unavoidable ring of tragic fanciness about it. War, as acknowledged by David Kennedy in the very first sentence of his book, is indeed ‘a profound topic – like truth, love, death or the divine’. A Pandora's box of multiple distilled intellectual emotions behind which lurk the horrid memories of its survivors, war only truly breathes in the mirrors of the mutilated, in the eyes of the tortured, in the memories of the displaced, in withering flowers over graves crowned, most of the time, by religious symbols. A vague intellectual scent of it, a sort of aseptic intellectual variant, still remains, nonetheless, a field of professional interest for international lawyers.

APA, Harvard, Vancouver, ISO, and other styles

3

Greenwood, C. "War, Terrorism, and International Law." Current Legal Problems 56, no. 1 (January 1, 2003): 505–30. http://dx.doi.org/10.1093/clp/56.1.505.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Buchan, R., and N. Tsagourias. "Cyber War and International Law." Journal of Conflict and Security Law 17, no. 2 (July 1, 2012): 183–86. http://dx.doi.org/10.1093/jcsl/krs016.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Freeman, Shirley E., and Helen Ormiston Smith. "War and international humanitarian law." Medicine, Conflict and Survival 13, no. 2 (April 1997): 116–24. http://dx.doi.org/10.1080/13623699708409326.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Johnson. "The Great War and International Law on War." Soundings: An Interdisciplinary Journal 101, no. 3 (2018): 255. http://dx.doi.org/10.5325/soundings.101.3.0255.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Pietkiewicz, Michał. "Pre-emptive war under international law." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 4 (May 25, 2018): 69–79. http://dx.doi.org/10.19195/2300-7249.39.4.6.

Full text

Abstract:

PRE-EMPTIVE WAR UNDER INTERNATIONAL LAW The thesis is devoted to problems associated with the international legal regulation of pre-emptive war. It is quite obvious that this phenomenon has a logical context revealed in national security policies individual states pursue for themselves. In this regard, analysis was made of the prerequisites for the emergence of a new doctrine of pre-emptive war, and here analysis of the “Bush Doctrine” made it possible to reveal the characteristics of pre-emptive war. In addition, the article pays precise attention to the problem of correlation between the characteristics of pre-emptive war and preventive war. It has been separately established that the current stage of international legalization of pre-emptive war requires significant improvement in mechanisms preventing this phenomenon and the development of a system of sanctions. Important conclusions are drawn regarding the prospects for international consolidation and implementation of the pre-emptive war doctrine in the systems of international law.

APA, Harvard, Vancouver, ISO, and other styles

8

Sinha, Manoj Kumar. "Hinduism and international humanitarian law." International Review of the Red Cross 87, no. 858 (June 2005): 285–94. http://dx.doi.org/10.1017/s1816383100181342.

Full text

Abstract:

AbstractThis article examines the relationship between Hinduism and war and the extent to which the fundamental concepts of humanitarian law are recognized in Hinduism. After reviewing the sources of Hinduism, it considers the permissibility and types of war in ancient India, explores the rules of warfare and investigates whether war was a matter of course or regarded as a ruler's last choice. It then sets out the humanitarian principles that already applied at that time. Finally, it considers how far the concepts of Hinduism have helped in the development of international humanitarian law.

APA, Harvard, Vancouver, ISO, and other styles

9

Roth, Brad R. "War Law: Understanding International Law and Armed Conflict." American Journal of Legal History 49, no. 3 (July 2007): 347–48. http://dx.doi.org/10.1093/ajlh/49.3.347.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Donaldson, Megan. "Peace, war, law: teaching international law in contexts." International Journal of Law in Context 18, no. 4 (November 22, 2022): 393–402. http://dx.doi.org/10.1017/s1744552322000350.

Full text

Abstract:

AbstractThis essay takes up the question of what it is to teach international law ‘in context’, drawing on experiences of teaching undergraduate survey courses in the US and UK, and designing a new LLM module on Histories of International Law. The essay begins with an exploration of teaching as a particular context of its own – one with constraints which might also function as foils for creativity. It then sketches some aspects of what teaching international law ‘in context(s)’ might involve, including the ways in which contexts of different kinds put in question one's theory of law, and vice versa. It turns, finally, to an examination of the promise and limits of interdisciplinarity – particularly recourse to history as a discipline – in illuminating contexts.

APA, Harvard, Vancouver, ISO, and other styles

11

El-Dakkak, Said. "International humanitarian law lies between the Islamic concept and positive international law." International Review of the Red Cross 30, no. 275 (April 1990): 101–14. http://dx.doi.org/10.1017/s0020860400075343.

Full text

Abstract:

The starting point of the present study is the clash between the warrior instinct inherent in human nature and Islamic law, the realistic character of which is unanimously acknowledged.Islam, in fact, cannot tolerate excessive displays of this instinct, which, as Professor Muhammad Taha Badawi points out, is the strongest of all the impulses to which man is inclined. Inseparably linked to all the factors inciting man to make war, and itself at times unleashing war, the warrior instinct, in any case, arouses violence and becomes a reflex action in anyone subjected to the danger of death.

APA, Harvard, Vancouver, ISO, and other styles

12

Reisman, W. Michael. "International Law After the Cold War." American Journal of International Law 84, no. 4 (October 1990): 859–66. http://dx.doi.org/10.2307/2202837.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Shinohara, H. "International Law and World War I." Diplomatic History 38, no. 4 (July 26, 2014): 880–93. http://dx.doi.org/10.1093/dh/dhu025.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Schwabach, Aaron. "Kosovo: Virtual War and International Law." Law and Literature 15, no. 1 (March 2003): 1–21. http://dx.doi.org/10.1525/lal.2003.15.1.1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Boaz, Cynthia, and Cheryl Schoenberg. "Refugees, War Criminals, and International Law." Peace Review 14, no. 2 (June 2002): 199–205. http://dx.doi.org/10.1080/10402650220140238.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

deGuzman, Margaret M. ""War Time" in International Criminal Law." Human Rights Quarterly 35, no. 1 (2013): 232–38. http://dx.doi.org/10.1353/hrq.2013.0011.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Shiner, Phil. "The Iraq War and International Law." Military Law and the Law of War Review 47, no. 2 (December 2008): 515–16. http://dx.doi.org/10.4337/mllwr.2008.02.23.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Santos, Adelcio Machado dos, and Rubens Luís Freiberger. "FUTURE OF INTERNATIONAL LAW: Ukrainian war." Scientific Journal of Applied Social and Clinical Science 2, no. 21 (October 24, 2022): 2–10. http://dx.doi.org/10.22533/at.ed.2162212220108.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

al-Zuhili, Sheikh Wahbeh. "Islam and international law." International Review of the Red Cross 87, no. 858 (June 2005): 269–83. http://dx.doi.org/10.1017/s1816383100181330.

Full text

Abstract:

AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari'a law which have attained the status of legal rules.

APA, Harvard, Vancouver, ISO, and other styles

20

MORGAN, ED. "New Evidence: The Aesthetics of International Law." Leiden Journal of International Law 18, no. 2 (June 2005): 163–77. http://dx.doi.org/10.1017/s0922156505002591.

Full text

Abstract:

A war crimes trial embodies a combination of representational and presentational drama. The contemporary war crimes trial owes equal inspiration to the ‘realism’ of Henrik Ibsen and the ‘theatrics’ of Bertolt Brecht. The question for scholars is whether the trial is but a stylized presentation of the ‘real’ events, or a realistic medium through which to eavesdrop on history. This essay explores this question of war crimes and dramatization in the context of Director of Public Prosecutions v. Polyukhovich, the one war crimes case ever taken to trial under Australia's War Crimes Amendment Act of 1988.

APA, Harvard, Vancouver, ISO, and other styles

21

Ginsburg, Tom. "Authoritarian International Law?" American Journal of International Law 114, no. 2 (February 3, 2020): 221–60. http://dx.doi.org/10.1017/ajil.2020.3.

Full text

Abstract:

AbstractInternational law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This raises the possibility of authoritarian international law, designed to extend authoritarian rule across time and space.

APA, Harvard, Vancouver, ISO, and other styles

22

Rygiel, Philippe. "Does International Law matter?" Journal of Migration History 1, no. 1 (June 9, 2015): 7–31. http://dx.doi.org/10.1163/23519924-00101002.

Full text

Abstract:

We look here at the work and action pertaining to the regulation of migrations of international lawyers belonging to the Institut de Droit International (IDI) during the four decades before the First World War. We show that interest for the rights of foreigners in western states and the circulation of people derived both from the liberal agenda these lawyers shared and the will to regulate the interactions between states that could produce conflict. The idi devised during that period a coherent set of rules and recommendations insisting on a minimal protection of refugees, and the necessity of granting foreigners and nationals equal civil rights. The position of power the members of this liberal network shared enabled them shortly before the First World War to ensure that some of these provisions became shared legal norms, even if for a short time and only for some European states.

APA, Harvard, Vancouver, ISO, and other styles

23

Ratner, Steven R. "IS INTERNATIONAL LAW IMPARTIAL?" Legal Theory 11, no. 1 (March 2005): 39–74. http://dx.doi.org/10.1017/s1352325205050032.

Full text

Abstract:

The last decade has seen a resurgence of interest among philosophers in the core questions of ethics and justice on the international plane. Issues once discussed primarily in the response to the major global debates of the 1960s and 1970s—the Vietnam War and the North-South economic imbalance—have returned to the domain of philosophers. This engagement has taken place in two distinct but related debates. First, philosophers have devoted attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits disparate treatment of an individual's co-nationals. Second, scholars have revisited issues of international justice in great detail, including works on human rights as well as just war theory. These works ask, as Brian Barry put it, “given a world that is made up of states, what is the morally permissible range of diversity among them?” One impetus for renewed work on these ideas was the publication of John Rawls's The Law of Peoples.

APA, Harvard, Vancouver, ISO, and other styles

24

Banjarani, Desia Rakhma, Febrian Febrian, Mada Apriandi Zuhir, and Neisa Angrum Adisti. "War Crimes In Humanitarian Law And International Criminal Law: The Urgency Of War Crimes Regulation In Indonesian Criminal Law." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 2 (March 31, 2023): 109–32. http://dx.doi.org/10.25041/fiatjustisia.v17no2.2859.

Full text

Abstract:

Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.

APA, Harvard, Vancouver, ISO, and other styles

25

Haque, Adil Ahmad. "An Unlawful War." AJIL Unbound 116 (2022): 155–59. http://dx.doi.org/10.1017/aju.2022.23.

Full text

Abstract:

Russia's invasion of Ukraine violated the prohibition of force contained in the United Nations Charter and the peremptory norm of general international law prohibiting aggression. The invasion was not an exercise of individual or collective self-defense, or a humanitarian intervention, as Russia variously claimed. The United Nations General Assembly rejected all such claims when 141 member states voted to deplore “in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter” as well as “the involvement of Belarus in this unlawful use of force against Ukraine.” This essay traces the legal implications of Russia's act of aggression, and its violations of international humanitarian law, through international criminal law, international human rights law, and the law of state responsibility. It argues that Russia violates the human rights of every person it kills, and that states are permitted and may be required to provide military assistance to Ukraine and impose economic sanctions on Russia. As Ukraine fights for its survival as an independent state, international law remains both a moral guide and a strategic asset.

APA, Harvard, Vancouver, ISO, and other styles

26

Henderson, C. M. "Michael Byers, War Law: International Law and Armed Conflict." Journal of Conflict and Security Law 12, no. 1 (January 1, 2007): 150–55. http://dx.doi.org/10.1093/jcsl/krm008.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Fenrick, W. J. "Review: International Law and Organization: The Law of War." International Journal: Canada's Journal of Global Policy Analysis 46, no. 4 (December 1991): 724–25. http://dx.doi.org/10.1177/002070209104600409.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

Allahverdiyev, Alovsat. "Defining war crimes: a look to the prosecution by international criminal judicial bodies." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 427–33. http://dx.doi.org/10.36695/2219-5521.2.2020.84.

Full text

Abstract:

The article is dedicated to the overview of the scope and application of international prosecution on war crimes. Although theterm “war crimes” is not a new concept in international law, different approaches exist in defining the precise limits of it. War crimesare always considered as one of the primary challenges and pecularities minimizing the whole efficiency of international law. Nevertheless,not all known prosecutions on war crimes ended with success. In traditional international law war crimes are always related tomilitary or armed conflicts what may be international or non-international conflict. History of international humanitarian law demonstratesthat almost all of the military conflicts were associated with war crimes. However, international law was not able to buil upstrong judicial mechanisms for the prosecution of war crimes for a long time. Modern type of international prosecution over war crimescan be linked to military tribunals established after World War I. At the same time, we should not forget that most of war crimes committedbefore and during WWI still remain unpunished. These problems demand new conceptual approach to the understanding of warcrimes as well as methodology of international prosecution. We know that first military tribunals were of quasi-international character.Although modern international law contains fully international military tribunals, still there are a lot of cases of failure to punish warcrimes. We need to understand that being a type of international crimes against peace and humanity, war crimes can be committed outsidethe active period of war. Thus, there is a need to re-define again the scope and subject matter of war crimes. On the other hand,prosecution of war crimes should be studied apart from other international law violations, human rights in particular.

APA, Harvard, Vancouver, ISO, and other styles

30

Fazal, Tanisha M. "Lengthening the Shadow of International Law." Ethics & International Affairs 34, no. 2 (2020): 229–40. http://dx.doi.org/10.1017/s0892679420000301.

Full text

Abstract:

AbstractWhat will be the consequences of the criminalization of aggression? In 2010, the International Criminal Court made aggression a crime for which individuals can be prosecuted. But questions around what constitutes aggression, who decides, and, most important, how effective this legal change will be in reducing the incidence of war remain. This essay considers these questions in light of two recent books on the criminalization of aggression: Noah Weisbord's The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats and Tom Dannenbaum's The Crime of Aggression, Humanity, and the Soldier. While the authors argue in favor of the efficacy of the criminalization of aggression as a means to reduce future war, it is also likely that the criminalization of aggression will reshape war in potentially profound ways.

APA, Harvard, Vancouver, ISO, and other styles

31

Stroun, Jacques. "International criminal jurisdiction, international humanitarian law and humanitarian action." International Review of the Red Cross 37, no. 321 (December 1997): 623–34. http://dx.doi.org/10.1017/s002086040007772x.

Full text

Abstract:

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.

APA, Harvard, Vancouver, ISO, and other styles

32

Lukin, Annabelle. "How international war law makes violence legal." Language, Context and Text 2, no. 1 (January 29, 2020): 91–120. http://dx.doi.org/10.1075/langct.00022.luk.

Full text

Abstract:

Abstract Some international law scholars have argued that international war law, rather than proscribing violence in war, has instead been a vehicle for its legitimation. Given that laws are constituted in and through language, this paper explores this paradox through register analysis of the text of the Rome Statute, an international treaty adopted in 1998 which established the International Criminal Court to prosecute the crimes of “genocide”, “crimes against humanity”, “war crimes” and “crimes of aggression”. The parameters of field, tenor and mode are considered in conjunction with a brief account of linguistic features of Article 8 of the Rome Statute, which defines the scope of the term “war crimes”. The linguistic patterns provide evidence that the Rome Statute simultaneously outlaws some acts of violence while affording legal cover for others, despite their well-known devastating human consequences. The analysis provides linguistic evidence for Malešević’s (2010) claim that at the heart of modernity lies an “ontological dissonance”, through which we criminalise some forms of violence while legitimating others.

APA, Harvard, Vancouver, ISO, and other styles

33

Gathii, James Thuo. "War's Legacy in International Investment Law." International Community Law Review 11, no. 4 (2009): 353–86. http://dx.doi.org/10.1163/187197409x12525781476088.

Full text

Abstract:

AbstractThis article discusses the role war has played in shaping the rules of international investment law from the late nineteenth century. At the end of the nineteenth century and the beginning of the twentieth century, the move towards institutions, such as arbitration forums, and rules as an alternative to the use of force gave new impetus to the growth of international commercial law and related institutions. These rules and institutions represented the hope that the use of force would be eclipsed as States moved forward towards more cooperative, consensual and non-coercive mechanisms of dispute settlement. Capital-importing states in Latin America however became acutely aware that these institutions and rules did not completely erase the coercive and uneven relations they had with capital-exporting states. In era after era of reformism from the Calvo era, to the NIEO and to the era in opposition to neo-liberal economic governance, capital-importing States have continued to resist and sometimes adapt to the coercive realities of the rules of international investment law. The article begins by tracing the origin of the Drago doctrine as a response to the practice of European states that engaged in aggression and conquest against militarily and economically weaker Latin American states as a means of collecting debts owed to their citizens. It then shows that while the denouement of forcible measures to resolve contract debt was overstated by early twentieth century international lawyers, international law nevertheless provided avenues for dispute settlement outside the use of force in international commercial relations. Thus while protecting commerce from the scourge of war was a primary inspiration for the post-Second World War international economic order, the author shows how war has nevertheless continued to be an animating factor for former colonies particularly with regard to their State responsibility for war damage in the context of foreign investment.

APA, Harvard, Vancouver, ISO, and other styles

34

Danial, Danial. "HUKUM HUMANITER INTERNASIONAL." ALQALAM 26, no. 2 (August 31, 2009): 213. http://dx.doi.org/10.32678/alqalam.v26i2.1556.

Full text

Abstract:

This pape tries to explain the difference and the similarty of the law system that regulates the war law stated both in the International humanitarian law and in the Islamic law. This article will answer two main problems. First, what are the difference and the similarity of the regulation of the war law between International humanitarian law and the Islamic law? Second, to what extent is the. implementation of both International humanitarian law and the Islamic law when the war occurs?Based on the research the writer conducted, it could be concluded that: first, the similarity of the war regulation between International humanitarian law and the Islamic law covers the regulation of the beginning and the ending of the war, the method and the means used in the war time, the regulation of the war prisoner protection, the regulation of the civil society protection. In addition, both of these laws aims at humanizing the war. Moreover, the difference between International humanitarian law and the Islamic law are that while Islamic law clearly regulates the prohibition of war, the qualifications as prerequisites of war and the principle of balance, International humanitarian law do not do it so clearly that it enables a conflict tends to be a potential for war. Hence, the principles of Islamic law are appropriate to apply in, modern war condition. Second, the use of nuclear, biological and chemical weapons, ill-treatment toward war prisoners, cruel treatment and ravishment toward civil society during wars show us that the implementation of International humanitarian law has not applied completely by the parties of lawsuit in wars. Different from the implementation of Islamic law both in the Prophet era and in caliph era, in every war, the Muslim soldiers much appreciated the human values such as a very human treatment to those who did not take part in wars, the war prisoners, even to animals.

APA, Harvard, Vancouver, ISO, and other styles

35

Lubis, Muhammad Ikhsan. "The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts." Journal of Indonesian Legal Studies 1, no. 1 (August 15, 2017): 13–34. http://dx.doi.org/10.15294/jils.v1i01.16565.

Full text

Abstract:

The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The principles of the UDHR can apply to the International Humanitarian Law, but some of the principles of the UDHR and limited humanitarian law apply in times of peace and times of armed conflict alone. Argued that the gap between International Humanitarian Law by the Human Rights bridged together through the enactment of the principles of human rights and humanitarian law principles that cannot be postponed.

APA, Harvard, Vancouver, ISO, and other styles

36

Jovanovic, Milos. "The just war theory and international law." Medjunarodni problemi 59, no. 2-3 (2007): 243–65. http://dx.doi.org/10.2298/medjp0703243j.

Full text

Abstract:

The paper provides a detailed overview of the existing relationship between the just war theory and international law. It stresses the fact that the two concepts were historically incompatible. The just war theory falls within ethics and appeals to superior principles that were not in accordance with the positivist law theory and the concept of sovereignty upon which public international law was founded. That incompatibility may at first seem as a paradox since the two concepts should be derived from a common base: the idea of justice. Further development of international law has clearly proved that law cannot be separated from the idea of justice and that is, to some extent, closely linked to some elements of natural law. The author concludes that in the domain of the use of force contemporary international law provides a legal frame, which is in accordance with the precepts of the just war theory.

APA, Harvard, Vancouver, ISO, and other styles

37

Muhammad, Dr Hanan Dryol. "INTERNATIONAL HUMANITARIAN LAW BETWEEN WAR AND PEACE." INTERNATIONAL JOURNAL OF RESEARCH IN SOCIAL SCIENCES & HUMANITIES 12, no. 04 (2022): 763–83. http://dx.doi.org/10.37648/ijrssh.v12i04.041.

Full text

Abstract:

This study dealt with the issue of the difficulties of applying international humanitarian law, because of its importance in light of international and non-international armed conflicts, in terms of alleviating the pain and suffering of the victims of international and non-international armed conflicts. Material and personal law in accordance with the provisions of the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, and the difficulties facing the mechanisms of material application on both the national and international sides, and since the judicial mechanisms are important in holding the violators of international humanitarian law accountable, the study meant to talk about the national judicial mechanisms and the difficulties they face, and the judicial mechanisms The international humanitarian law and the difficulties it faces, which negatively affect the exercise of its tasks entrusted to it, and the study concluded several results, the most important of which are: The rules of international humanitarian law are mandatory for all countries, and the study concluded with several recommendations, the most important of which are: All countries must work to integrate the texts and provisions of international humanitarian law into their internal laws To ensure its proper application without difficulties.

APA, Harvard, Vancouver, ISO, and other styles

38

Whitehall, Deborah. "Three Wartime Textbooks of International Law." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 2-3 (October 21, 2020): 385–420. http://dx.doi.org/10.1163/15718050-12340156.

Full text

Abstract:

Abstract Three wartime textbooks of international law published and then reissued by Hersch Lauterpacht, James Brierly and Georges Scelle between 1940 and 1945 present a collective argument against the politics of war by analysing the design flaws of interwar international law. Though the criticism was not new, its repetition in textbooks during war highlights the strategic significance of using basic principles to defend the pacifistic function of international law when lawlessness reigned the global imaginary. The textbook genre became an unexpected, critical field which enlivened when its first readers found the past of international law in their present, conditioned by crisis. There, against the scene of first reading and writing, the texts became counter texts which side-stepped diplomatic controversy to critically examine the reasons for the breakdown of order and remind internationalists about the continuity of law despite war, the political limits on legal function, and the tasks for their diligent, expert attention.

APA, Harvard, Vancouver, ISO, and other styles

39

Sandholtz, Wayne. "Plunder, Restitution, and International Law." International Journal of Cultural Property 17, no. 2 (May 2010): 147–76. http://dx.doi.org/10.1017/s094073911000007x.

Full text

Abstract:

AbstractThe RussianFederal Law on Cultural Valuables Displaced to the USSR as a Result of the Second World War and Located on the Territory of the Russian Federationpurports to establish the legal basis for the Russian state to hold permanent title to the vast majority of the cultural valuables removed from Germany to the Soviet Union at the end of World War II. Russia claims that the cultural objects seized by the Soviet Union constitute “compensatory restitution” for the hundreds of thousands of cultural and artistic valuables seized or destroyed by the Nazis during the war. This article assesses the compatibility of the Russian claim with relevant international law. It does so by tracing the development of the international antiplunder legal regime. It then assesses the Russian claim with respect to three categories of cultural valuables, based on prewar ownership: property belonging to private persons and organizations, property belonging to nonenemy states, and property belonging to enemy states (Axis powers). “Compensatory restitution” does not exist as a category or principle in international law, so the analysis focuses on the legal concept that is most similar and therefore of potential relevance, restitution in kind. If restitution in kind is impermissible under international law, then the broader “compensatory restitution” is, with even greater force, also impermissible. The key finding is that international law does not permit “compensatory restitution,” nor does it permit unilateral seizures of cultural objects under some broader notion of compensation.

APA, Harvard, Vancouver, ISO, and other styles

40

Yoo, John. "International Law and the War in Iraq." American Journal of International Law 97, no. 3 (July 2003): 563–76. http://dx.doi.org/10.2307/3109841.

Full text

Abstract:

In his speech before the United Nations (UN) in September 2002, President George W. Bush characterized the possible use of force against Iraq as necessary to enforce existing Security Council resolutions and to eliminate a dangerous threat to international peace and security. The Security Council responded by adopting Resolution 1441, which found Iraq to be in material breach of previous Security Council resolutions and threatened serious consequences for further intransigence. When Iraq refused to fully comply with these resolutions, the United States led an ad hoc “coalition of the willing” that invaded Iraq on March 19,2003, quickly defeated Iraq’s armed forces, and ended the regime of Saddam Hussein and the Ba’ath party. On May 1,2003, President Bush announced that major combat operations in Iraq had ended. At the time of this writing, the United States has assumed the position of an occupying power that is responsible for rebuilding Iraq, as recognized by the Security Council in Resolution 1483.

APA, Harvard, Vancouver, ISO, and other styles

41

Greenwood, Christopher. "International law and the ‘war against terrorism’." International Affairs 78, no. 2 (April 2002): 301–17. http://dx.doi.org/10.1111/1468-2346.00252.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Gaffney, James. "Just War: Catholicism’s Contribution to International Law." Logos: A Journal of Catholic Thought and Culture 14, no. 3 (2011): 44–68. http://dx.doi.org/10.1353/log.2011.0021.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Knox, Robert. "Civilizing interventions? Race, war and international law." Cambridge Review of International Affairs 26, no. 1 (March 2013): 111–32. http://dx.doi.org/10.1080/09557571.2012.762899.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Vagts, Detlev F. "Switzerland, International Law and World War II." American Journal of International Law 91, no. 3 (July 1997): 466–75. http://dx.doi.org/10.2307/2954183.

Full text

Abstract:

The recent sudden upsurge of interest in Swiss behavior during and after World War II seems to call for a brief review of the international law issues that were relevant to that country’s decisions. Many of them, in particular the law of neutrals, have become obsolete and are obviously not understood by many commentators. Of course, to reach a judgment that the behavior of Switzerland was compatible with the rules of international law then in effect does not dispose of issues of humanity and morality. But it does contribute to explaining Swiss behavior, particularly since the Government in Bern was quite legalistic in its approach to the questions of the time.

APA, Harvard, Vancouver, ISO, and other styles

45

Shepard, W. S. "International Law and the War on Terrorism." Mediterranean Quarterly 16, no. 1 (January 1, 2005): 79–93. http://dx.doi.org/10.1215/10474552-16-1-79.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

McWhinney, Edward. "Contemporary U.S. Theory of International Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 26 (1989): 281–95. http://dx.doi.org/10.1017/s0069005800003532.

Full text

Abstract:

My retrospective study, published in the twenty-fifth anniversary volume of this Yearbook, attempted a critical survey of post-war Soviet general theory of international law, and noted the signs of an intellectual changing of the guard and the emergence of a new generation of Soviet international legal theorists. Is it possible today to speak of a post-war U.S. general theory of international law, and, if so, can we speak of a generational change, in the late 1980's, similar to that in the Soviet Union?

APA, Harvard, Vancouver, ISO, and other styles

47

Butkevych, O. "The law of war as a source of contemporary branches of international law." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 143–48. http://dx.doi.org/10.24144/2307-3322.2022.74.57.

Full text

Abstract:

Branches of international law arise mainly as a result of the following factors: 1) complications of international legal consciousness (international human rightslaw, international security law, international environmental law, international criminal law, etc.) and 2) technological progress (international air, space, nuclear law, relevant innovations in international maritime law, etc.). Under the influence of the same factors, new institutions are formed within existing branches (responsibility for international crimes, prohibitions of genocide, prohibitions of apartheid, responsibility for environmental pollution, instant custom, etc.). The article examines the mechanism of formation of the international humanitarian law, the law of armed conflicts, international security law, international human rights law, and international criminal law. It is claimed that they are based on a traditional section of pre-classical international law - the law of war. The first attempts to regulate the conduct of armed conflicts formed the basis for the creation of these branches. The first scientific systematization of international law was one proposed by Hugo Grotius. The scholar proposed to divide the system of this law into two interrelated components - the law of war and the law of peace. Grotian systematization formed the basis of further scientific systematics of international law in the 17th-19th centuries. The Hague Peace Conferences changed the traditional view of the division of international law into the law of war and peace. The Hague peace conventions influenced on formation of the international humanitarian law. The 20th century became a period of active formation of new branches of international law within the framework of the process of "codification and progressive development of international law" under the auspices of the United Nations. So the traditional law of war gave birth to several branches of modern international law.

APA, Harvard, Vancouver, ISO, and other styles

48

Diggelmann, Oliver. "Beyond the Myth of a Non-relationship: International Law and World War i." Journal of the History of International Law 19, no. 1 (February 16, 2017): 93–120. http://dx.doi.org/10.1163/15718050-12340082.

Full text

Abstract:

This article examines the relationship between international law and World War i from a basic perspective. The first question is whether, and to what degree, international law can or should be regarded as a contributing cause for the outbreak of World War i. Three aspects of international law prior to World War i are discussed: the silent ‘alliance’ between the ius ad bellum and social Darwinism, the lack of individual accountability of the members of the political and military elites under international law, and the role of the law of reprisal as a ‘fire accelerant’ of conflicts. The second focal point lies on central questions of international law during the war. Again, three aspects are addressed: the relationship between international law and new weapons as well as new methods of warfare, legal issues related to long-term occupations and the role of international law with respect to prisoners of war.

APA, Harvard, Vancouver, ISO, and other styles

49

Knox, Robert. "International law, politics and opposition to the Iraq War." London Review of International Law 9, no. 2 (July 1, 2021): 169–95. http://dx.doi.org/10.1093/lril/lrab014.

Full text

Abstract:

Abstract A key feature of the Iraq war was the prominence of international legal argument. This article argues that the motif of the ‘illegal war’ was crucial in mobilisations against the war. It traces the reasons for the prominence of this ‘illegal war’ motif and the wider political consequences of its adoption.

APA, Harvard, Vancouver, ISO, and other styles

50

Shuaib, Farid Sufian. "EMBRACING INTERNATIONAL HUMAN RIGHTS LAW: THE MALAYSIAN EXPERIENCE IN NAVIGATING THE DUAL QUALITY OF INTERNATIONAL LAW." IIUM Law Journal 27, no. 2 (December 18, 2019): 265–77. http://dx.doi.org/10.31436/iiumlj.v27i2.504.

Full text

Abstract:

International human rights law, as with the setting up of the United Nations at the end of the Second World War, promises in the dignity and worth of the human person of nations large and small. International human rights law supposes to save the world population from the scourge of war, despots and other miseries. The international legal order after the end of the Second World War also promises equal sovereignty where all states are equal under international law in spite of inequality of population size, resources and military might. International human rights law thus applies to all states, to protect all populations. International human rights law has been used to liberate colonies and to protect people from oppression. The universal nature of international human rights law means that it applies to all nations large and small. However, the very fact that it is universal also is troublesome when in its application, the Eurocentric understanding of human rights is imposed on all. This paper looks both at the acceptance of Malaysia of international human rights law and her schemes in determining the place for universalism in the application of the law.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'War (International law)'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles