scholarly journals The status of prisoners of war before its regulation in international law on the example of Polish prisoners of war of the Grande Arm´ee in Russian captivity (1812–1816)

2018 ◽  
Vol 16 ◽  
pp. 87-103
Author(s):  
Adam Miodowski ◽  
Keyword(s):  
International Law ◽  
Prisoners Of War ◽  
The Status

Palestine's Accession to Geneva Convention III: Typology of Captives Incarcerated by Israel

2021 ◽  
pp. 1-30
Author(s):  
Mutaz M. QAFISHEH ◽  
Ihssan Adel MADBOUH
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
International Criminal ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
International Criminal Law ◽  
Criminal Prosecution ◽  
Security Forces ◽  
The Status

Abstract Upon the 2014 State of Palestine's accession to Geneva Convention III, captured Palestinians who took part in belligerent acts against the occupier should be treated as prisoners of war due to the fact that they belong to a party to an armed conflict. These individuals fall under three categories: members of security forces, affiliates of armed resistance groups, and uprisers who fight the occupant spontaneously on an individual basis. Contrary to established rules of IHL, Israel does not make any distinction regarding the status of these three types. Unilateral Israeli treatment of its captives does not hold water under international law. Such actions may trigger liability based on international criminal law, particularly as the ICC decided in 2021 that it possesses jurisdiction to investigate crimes occurring in the territory of Palestine. The mere fact of confining prisoners of war after the cessation of hostilities may constitute a ground for criminal prosecution.

The Eritrea-Ethiopia Claims Commission and Customary International Humanitarian Law

2013 ◽  
Vol 4 (2) ◽  
pp. 296-314 ◽  
Author(s):  
Agnieszka Szpak
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Customary International Law ◽  
Geneva Conventions ◽  
The Status ◽  
Key Issues

The aim of the article is to highlight several issues concerning the customary international law status of a number of international humanitarian law (IHL) treaty provisions that arose during the proceedings of the Eritrea-Ethiopia Claims Commission. Specifically, two key issues will be analyzed, namely the Commission's findings that the Geneva Conventions and some provisions of Additional Protocol I reflected customary international law and that international landmine conventions create only treaty obligations and do not yet reflect customary international law. Also, some more detailed conclusions relating to particular problems, such as the issue of the customary nature of the ICRC’s right to visit prisoners of war and its binding character for non-parties to the Geneva Conventions, will be discussed. The 2005 ICRC Study on Customary International Humanitarian Law and the International Criminal Tribunal for the former Yugoslavia’s jurisprudence will also be included as a point of reference to identify the customary character of certain provisions. The main conclusion is that the Commission has significantly contributed to the emerging consensus regarding the status of certain norms of international humanitarian law as customary norms. Furthermore, it has identified lacunae in the existing standards of humanitarian law and suggested the development of new norms to fill those gaps.

Introduction

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
Political Identity ◽  
Economic Value ◽  
Prisoners Of War ◽  
Ottoman History ◽  
New System

This chapter frames the arguments of the book, defines terms, and outlines the story that will follow. In the eighteenth century, the Ottoman state and its Russian rival, through conflict and diplomacy, worked out a new system of regional international law. Ransom was abolished; soldiers became prisoners of war; some slaves gained new paths to release, while others were left entirely unprotected. These rules delineated sovereignty, redefined individuals’ relationships to states, and prioritized political identity over economic value. In the process, the Ottomans marked out a parallel, non-Western path toward elements of modern international law. This story has important implications, the Introduction argues, for our understanding of Ottoman history and the histories of both international law and slavery and abolition.

The Crisis of the Ryukyus (1877–82)

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty
Keyword(s):  
International Law ◽  
Colonial Power ◽  
Independent State ◽  
The People ◽  
The Us ◽  
The Status ◽  
Historical Viewpoint

Okinawa is now considered as Japanese territory, without challenge from most world powers. However, this is debatable from a historical viewpoint. The Ryukyu Kingdom which dominated the islands was integrated into Japan in 1879. The transformation is seen by Wang Hui as a process of modernization. This chapter argues the issue from an international law perspective. It shows that Ryukyu was an independent State as demonstrated by the 1854 Ryukyu–US Treaty, although it sent regular tributes to China. The Japanese integration by coercion is not justifiable. The people of Ryukyu were willing to continue being a tributary State rather than part of Japan. Britain, as the greatest colonial power, did not object. China and the US attempted to intervene in this affair, but no treaty has so far been concluded. Therefore, the status of Ryukyu/Okinawa remains unresolved and may need to be revisited, while putting the history context into consideration.

International Law in Chinese Courts

2019 ◽  
pp. 547-564
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Professional Competence ◽  
National Courts ◽  
Major Development ◽  
Chinese Perspective ◽  
The Status ◽  
Major Factors ◽  
Private Actors ◽  
The Comparative Study

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.

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