The Duties of Occupying Powers in Relation to the Prevention and Control of Contagious Diseases Through the Interplay between International Humanitarian Law and the Right to Health

2021 ◽  
Author(s):  
Marco Longobardo
Keyword(s):  
Prevention And Control ◽  
Right To Health ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Contagious Diseases ◽  
The Right ◽  
And Control

States' obligations to mitigate the direct and indirect health consequences of non-international armed conflicts: complementarity of IHL and the right to health

2013 ◽  
Vol 95 (889) ◽  
pp. 129-165
Author(s):  
Amrei Müller
Keyword(s):  
Right To Health ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Health Consequences ◽  
Mortality And Morbidity ◽  
Endemic Diseases ◽  
Historical Origin ◽  
The Right

AbstractArmed conflicts have numerous adverse health consequences for the affected populations, many of which occur in the long-term. This article analyses in detail how international humanitarian law (IHL) and the right to health complement each other in obliging states to mitigate the direct and indirect health consequences of non-international armed conflicts. With its historical origin and purpose of protecting wounded and sick combatants of standing governmental armies, IHL focuses on the protection of the wounded and sick suffering from the direct health consequences of armed conflicts, such as injuries resulting from ongoing hostilities. The right to health is more expansive: it obliges states to prioritise the provision of primary health care through creating and maintaining an accessible basic health system. This focus enables it to highlight and address the indirect health consequences of armed conflicts, such as the spreading of epidemic and endemic diseases and rising child and maternal mortality and morbidity.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire

2009 ◽  
Vol 27 (2) ◽  
pp. 431
Author(s):  
Sophie Rondeau
Keyword(s):  
Present Article ◽  
Present State ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Droit International ◽  
The Right ◽  
Droit International Humanitaire

Le présent article fait état d’un questionnement sur l’état actuel du rôle des normes juridiques émanant du système de droit international humanitaire (DIH) en ce qui a trait au droit à la réparation, en prenant soin de mettre la personne en tant que victime de la guerre au centre de notre réflexion. En considérant la notion de réparation sous l’angle de la victime comme un tout à décrire et à analyser, nous cherchons à savoir s’il existe un droit à la réparation que possède la victime d’un conflit armé régi par le droit international humanitaire. Le fondement même de cette recherche s’appuie donc sur le cadre normatif conventionnel du DIH régissant la notion de réparation, que cette dernière accorde ou non un droit à une victime.This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.

The Right to Life and the International Law Framework Regulating the Use of Armed Drones

2020 ◽  
pp. 153-189
Author(s):  
Christof Heyns ◽  
Dapo Akande ◽  
Lawrence Hill-Cawthorne ◽  
Thompson Chengeta
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Legal Challenges ◽  
Drone Strikes ◽  
Legal Frameworks ◽  
The Right

This chapter provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. It argues that for a particular drone strike to be lawful, it must satisfy the legal requirements under all applicable international legal regimes. It is argued that the legality of a drone strike under the jus ad bellum does not preclude the wrongfulness of that strike under international humanitarian law or international human rights law. The chapter then considers the important legal challenges that the use of armed drones poses under each of the three legal frameworks mentioned above. It considers the application of the right to life in armed conflict, particularly in territory not controlled by the state conducting the strike. The chapter then turns to some of the key controversies in the application of international humanitarian law to drone strikes, such as the possibility of a global non-international armed conflict and the question of who may be targeted in a non-international armed conflict. The final substantive section considers the law relating to the use of force by states against non-state groups abroad.

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

The Principles

2016 ◽  
Author(s):  
Casey-Maslen Stuart ◽  
Clapham Andrew ◽  
Giacca Gilles ◽  
Parker Sarah
Keyword(s):  
Control Systems ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Political Independence ◽  
Domestic Jurisdiction ◽  
The Right ◽  
Article 5 ◽  
National Control ◽  
Self Defence

This chapter discusses the eight principles of the ATT. Article 5(1) requires parties to implement the treaty while bearing in mind the principles set out. The principles cover the following issues: the right of states to self-defence; the settlement of international disputes by peaceful means; refraining from the threat or use of force against the territorial integrity or political independence of any state; non-intervention in matters essentially within the domestic jurisdiction of a state; respecting and ensuring respect for international humanitarian law and human rights; the responsibility of states to regulate international trade in conventional arms and prevent diversion and to establish national control systems; respect for the interests of states to acquire, produce, export, import, and transfer conventional arms; and implementation of the ATT in a consistent, objective, and non-discriminatory manner.

scholarly journals The Right to Life

2014 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Political Rights ◽  
Humanitarian Law ◽  
Right To Life ◽  
Rules And Principles ◽  
Civil And Political Rights ◽  
The Right ◽  
Self Defence

This chapter examines the rules and principles of the international humanitarian law (IHL) governing the right to life. It discusses the origins and scope of the right to life and clarifies that the protection provided by the International Covenant on Civil and Political Rights (ICCPR) does not cease in times of war. It also considers some widely-recognized exceptions to or limitations upon the right to life, including killing in self-defence and the lethal use of force by the authorities in order to prevent crime. This chapter argues that while resorting to armed force may be necessary to prevent human rights violations, its benefits should not be exaggerated.

scholarly journals The Right to Life in Armed Conflict

2018 ◽  
Author(s):  
Ian Park
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Right To Life ◽  
Applicable Law ◽  
The Uk ◽  
The Right

The controversy surrounding the applicability of the right to life during armed conflict makes it arguably one of the most divisive and topical issues at the junction of international humanitarian law and international human rights law. Recent litigation has, among other things, prompted the UK government to signal an intention to derogate from Article 2, ECHR, subject to certain caveats, in future armed conflicts. The litigation pursuant to Article 2 is also set to continue as the UK, and many other States with right to life obligations, will continue to use lethal force overseas; thus the significance of the issue will remain unabated. The scope and application of the right to life in armed conflict not only concerns parties to the ECHR; the predominance of coalition military operations in recent years has necessitated that it is essential for all troop-contributing States to understand the legal limitations of those States bound by the ECHR. It is equally important that the UN, NATO, NGOs, and other governments not directly involved in the armed conflict are aware of any States’ right to life obligations. Notwithstanding this, the applicability of the right to life in armed conflict is yet to be fully considered in academic literature. This book aims to close this lacuna and address the issue of the right to life in armed conflict by identifying and analysing the applicable law, citing recent examples of State practice, and offering concrete proposals to ensure that States comply with their right to life obligations.

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