Continued Paramilitarism and its Implications on the GRP's Compliance with its CARHRIHL Mandate: Situating CAFGUs in the Legal Framework of Human Rights and International Humanitarian Law

2009 ◽  
Author(s):  
Ryan Hartzell C. Balisacan
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law

scholarly journals Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Sardar M. A. W. K. Arif
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Occupied Territory ◽  
The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 

scholarly journals International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

2018 ◽  
Vol 6 (1) ◽  
pp. 44-58
Author(s):  
Sardar M. A. Waqar Khan Arif
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

Compromise or Commitment: Human Rights and International Humanitarian Law Obligations for UN Peace Forces

1998 ◽  
Vol 11 (2) ◽  
pp. 229-245
Author(s):  
Marten Zwanenburg
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The One

Allegations of human rights and humanitarian law violations by UN forces have highlighted the need for more clarity in this area. This requires a focus on human rights and humanitarian norms applicable to UN forces, and the question of responsibility for violations of those norms. To a large extent, these questions concern the relations between the UN, national contingents, and troop contributing states. What are their respective rights and obligations? In this paper it is submitted that the answer given to this question under international law differs from the one given in the specific legal framework and practice of UN forces.

East Timor: A Critique of the Model of Accountability for Serious Human Rights and International Humanitarian Law Violations

2003 ◽  
Vol 72 (4) ◽  
pp. 449-482 ◽  
Author(s):  
Mohamed Othman
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Ad Hoc ◽  
Legal Framework ◽  
East Timor ◽  
District Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Judicial Process

AbstractThe article examines the model of accountability for international humanitarian law violations committed in East Timor in 1999, in which the Security Council opted for parallel accountability,in East Timor and Indonesia. In the former, it is anchored on a 'mixed' judicial process, administered by 'Special Panels' of the Dili District Court composed of national and international judges. Although its legal framework is sound, and persons 'most responsible' have been indicted, the allocated resources were meager, desired full accountability overambitious, and most accused remain at large. In Indonesia, the ad hoc Human Rights Court's framework is laden withjurisdictional loopholes, and the conduct of prosecutions non-diligent, reflecting 'unwillingness or inability', genuinely to account. If that process had been under the ICC regime, it would have been a valid ground for seizure of jurisdiction by that court. The net result of the model is a misjoinder of human rights perpetrators.

Private Military and Security Companies

2017 ◽  
Author(s):  
Renée de Nevers
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Business Practices ◽  
Humanitarian Law ◽  
Conflict Zones ◽  
Critical Issues ◽  
The Status ◽  
Human Rights Standards

Private military and security company (PMSC) employees are not soldiers, but their activities often place them in conflict zones. Their presence has complicated efforts to ensure the effectiveness of international humanitarian law (IHL) in fluid situations involving state and nonstate actors. This chapter explores how PMSCs fit in the framework of IHL and the broader legal framework governing PMSCs, along with state and international efforts to ensure PMSC compliance with IHL. Critical issues concern the status of PMSC contractors under IHL, which determines the protections they should be accorded; their training in the laws of war; and the rules regarding the use of force under which contractors operate. The legal framework holding PMSC employees accountable remains uneven in its global reach, and voluntary frameworks have emerged to develop and enforce good business practices and adherence to human rights standards. Whether these measures will be effective remains to be seen.

Part II Historical and Legal Sources, Ch.11 Humanitarian Law as a Source of Human Rights Law

2013 ◽  
Author(s):  
Oberleitner Gerd
Keyword(s):  
Human Rights ◽  
Middle Ages ◽  
Legal Framework ◽  
Modern Human ◽  
International Humanitarian Law ◽  
Individual Rights ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Ancient Times ◽  
The Middle Ages

This article examines the influence of humanitarian law in the development of modern human rights law. It explores the concept of humanity in war in ancient times and the middle ages and considers the treatment of individual rights during national wars. It analyses the evolution of humanitarian law that coincided with the development of the science of warfare and the progress of civilization. This article highlights the fact that international humanitarian law was the only international legal framework which accommodated the fate of individuals human rights became a legal reality in 1945.

scholarly journals The Accountability of Armed Groups under Human Rights Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Criminal Law ◽  
Added Value ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Legal Personality ◽  
New Perspective

Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.

scholarly journals Justicia transicional en Colombia y marco jurídico para la paz: algunas reflexiones desde el Derecho Internacional Humanitario / Transitional Justice in Colombia and Legal Framework for Peace: some Reflections from International Humanitarian Law

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Rodolfo Alfonso Torregrosa Jiménez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Transitional Justice ◽  
War Crimes ◽  
Legal Framework ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
La Paz ◽  
Derechos Humanos

ABSTRACTThe Legal Framework is proposing that crimes against humanity committed by the Colombian Guerrilla are not investigated or prosecuted by the criminal justice incorporates criteria for prioritization and choice of certain cases of human rights violations. The consequence is that victims of crimes against humanity and war crimes who are not selected as notorious not have access to truth, justice and reparation, which would constitute a serious violation of the principles of human rights.RESUMENEl Marco Jurídico está proponiendo que los crímenes de lesa humanidad cometidos por la Guerrilla colombiana no sean investigados ni juzgados por la justicia penal pues incorpora criterios de priorización y de elección de ciertos casos de violaciones a los derechos humanos. Esto trae como consecuencia que las víctimas de los crímenes de lesa humanidad y crímenes de guerra que no sean seleccionados como notorios no tendrán el acceso a la verdad, la justicia y la reparación, lo cual constituiría una violación grave a los principios de los derechos humanos.

“Safe areas”: The international legal framework

2017 ◽  
Vol 99 (906) ◽  
pp. 1075-1101 ◽  
Author(s):  
Emanuela-Chiara Gillard
Keyword(s):  
Human Rights ◽  
International Law ◽  
Security Council ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Repeated Calls ◽  
International Human ◽  
Rights Issues

AbstractIn recent years there have been repeated calls for the establishment of so-called “safe areas” to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such areas: the provisions of international humanitarian law on protected zones; the rules regulating resort to armed force, Security Council authorization and mandates for the establishment of such areas by multinational forces in the absence of agreement between belligerents; and the refugee and international human rights issues raised by such zones. Using the example of the “protection of civilians sites” in South Sudan, the article then highlights some of the operational challenges raised by safe areas. It concludes with some reflections on how to enhance the likelihood that belligerents will establish such protected zones in the future.

Using African Truth and Reconciliation Commission documentation for truth telling and reconciliation

2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
Truth And Reconciliation Commissions ◽  
Reconciliation Process

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.

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