William E. Chapman v. United Mexican States

1931 ◽  
Vol 25 (3) ◽  
pp. 544-553
Keyword(s):  
International Law ◽  
Personal Safety ◽  
Detailed Consideration ◽  
Imminent Danger ◽  
Special Protection ◽  
Instant Case

It is unnecessary to give any detailed consideration to the generalities of writers on international law who have repeatedly stated that consular officers are entitled to special protection.In the instant case the special protection is concerned with a situation in which there was a threat against the personal safety of the consul, an explicit warning of imminent danger promptly communicated by him to the proper authorities, some assurances of special protection were received by him upon which he was warranted to rely, but no such protection was given.

scholarly journals Instytucjonalizacja współpracy w zakresie grobownictwa wojennego

2015 ◽  
pp. 88-103
Author(s):  
Joanna Szymoniczek
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Public ◽  
Social Organizations ◽  
Law Of Armed Conflict ◽  
The Us ◽  
Special Protection

Resting places of fallen soldiers – war cemeteries – are monuments to soldiers’ heroism, and thus are of special significance not only for those who have lost their loved ones, but also for entire nations, countries and communities. Therefore, such cemeteries are created under the provisions of relevant authorities, and then put under the special protection of the public. These issues are closely regulated by international law established throughout the twentieth century. Cemeteries are protected by the state on whose territory individual objects are placed. However, the problem of cemeteries is more and more often the responsibility of social organizations. According to the international humanitarian law of armed conflict, specific tasks in this respect are assigned to the tracing services of Red Cross and Red Crescent societies, who deal with the registry of exhumation, inhumation and body transfer, hold deposits, establish the fate of victims of war and issue death certificates. Institutions that deal with exploration, keeping records, exhumation of remains and the construction or revaluation of the graves of fallen citizens buried outside the borders of their own countries include the Council for the Protection of Struggle and Martyrdom Sites, the German People’s Union for the Care of War Graves, the Commonwealth War Graves Commission, the Austrian Red Cross (Österreichisches Schwarzes Kreuz), the American Battle Monuments Commission, the US Commission for the Preservation of America’s Heritage Abroad and the Italian Commissariat General for the Memory of Killed in War (Commissariato Generale per le Onoranze Caduti in Guerra). For political reasons, tasks related to war cemeteries are assigned to social organizations, because their actions are believed to be more effective and less bureaucratic than those of states.

Book III Privileges and Immunities, 13 Privileges and Immunities of Diplomatic Missions

2016 ◽  
Author(s):  
Foakes Joanne ◽  
Denza Eileen
Keyword(s):  
International Law ◽  
Public International Law ◽  
Freedom Of Movement ◽  
Law Of Nations ◽  
The Law ◽  
Special Protection

This chapter provides an overview of diplomatic privileges and immunities. Two fundamental rules of diplomatic law—that the person of the ambassador is inviolable and that a special protection must be given to the messages which are sent to and received from the ambassador’s sovereign—have been recognized from time immemorial among civilized States. The law of nations—now known as public international law—required States which accepted foreign diplomats to guarantee rights necessary to enable them to exercise their functions, including independence from local jurisdiction. It was important that ambassadors should not be afraid of traps or distracted by legal trickery. As such, the chapter discusses several areas where these privileges and immunities occur: the premises of the mission, the diplomatic asylum, the exemption of mission premises from taxation, the inviolability of mission archives, freedom of communications, the diplomatic bag, and freedom of movement.

From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law

1999 ◽  
Vol 6 (1-2) ◽  
pp. 1-63
Author(s):  
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Bosnia And Herzegovina ◽  
Peace Agreement ◽  
Historical Process ◽  
Detailed Consideration ◽  
Legal Responses ◽  
Dayton Peace Agreement ◽  
Dayton Agreement

AbstractThis article examines the constitutional and international law aspects of accommodating national identity in the historical process from Yugoslavia to Bosnia. Broad strategies to deal with crises are outlined. Detailed consideration is given to the whole range of international legal responses to the conflict in Yugoslavia, which were deployed in the pursuit of accommodating national identity. The Dayton Peace Agreement of November 1995, which included a Constitution of Bosnia and Herzegovina and an Agreement on Human Rights, is analyzed. Particular attention is given to the 'internationalizing' of the Constitution of Bosnia in terms of its making, its terms and its implementation. The article contains an assessment of the implementation and of the significance of the Dayton Agreement three years on. The concluding sections provide an overall assessment of the international responses and consider future strategies for accommodating national identity.

Equality

2021 ◽  
pp. 161-190
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Universal Declaration ◽  
The United Nations ◽  
The Right ◽  
Distinct Field ◽  
Special Protection

The right to equality and the prohibition of discrimination is normally formulated with respect to specific grounds. In the Charter of the United Nations, these are race, sex, language, and religion. The list was expanded in the Universal Declaration of Human Rights, where it was also prefaced by the words ‘such as’ thereby recognising that distinctions based upon unenumerated categories might also be encompassed. These might include age, disability, and sexual orientation, for example. International law also provides special protection for children. Related to non-discrimination is the distinct field of protection of minorities, which are identifiable on the basis of ethnicity, language, and religion, and of indigenous peoples.

A Preliminary Study of the Problem of the Isle of Kolbeinsey

1997 ◽  
Vol 66 (2-3) ◽  
pp. 301-318
Author(s):  
Keyword(s):  
International Law ◽  
National Economy ◽  
Illustrative Case ◽  
Fish Stocks ◽  
Coastal State ◽  
Preliminary Study ◽  
Maritime Territory ◽  
Instant Case ◽  
The Way

AbstractThe diversity of modes of acquisition of territory is a well researched topic in international law, but little has been written on the possibilities of divestment of a title to territory. Natural changes of coastal formations can divest the coastal State of some area of land and maritime territory and greatly affect its national economy. An illustrative case is the phenomenon of erosion by sea of offshore islands. This study is particularly focused on one such case concerning an uninhabited Icelandic islet, Kolbeinsey. The vanishing of the islet is aggravating existing concerns about the allocation of fish stocks in the area, and there will arise the problem of loss of varioius maritime zones pertaining to the islet and to the Icelandic mainland. This paper will examine the way in which Iceland may continue to enjoy the whole or part of the extant jurisdiction in the Kolbeinsey area. Issues to be addressed include those as to whether Kolbeinsey is a juridical island and whether the concepts of artificial islands and low-tide elevations are helpful in the instant case.

scholarly journals Criminal responsibility for recruiting children for use in armed actions (A comparative study)

2020 ◽  
pp. 86-114
Author(s):  
نوفل علي عبد الله الصفو ◽  
إيمان الطائي
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
Future Generation ◽  
Legal Authority ◽  
Armed Groups ◽  
Raising Children ◽  
Rights Of The Child ◽  
The Family ◽  
The Future ◽  
Special Protection

The recruitment of children into armed activities is a dangerous phenomenon that affects societies in their security, safety and maintenance of their future by raising children on the concepts of killing and sabotage as they are the future generation of the future, as the child sometimes resorted to carrying out armed actions of his choice because of the economic disability of the family or to provide protection from the oppression of armed groups for members of his family Or to be recruited by someone who takes care of his upbringing and care, or for him to be forcibly recruited, such as kidnapping or coercion practiced by armed groups against the child, as the search for criminal responsibility for the recruitment of children for use in armed actions is an important topic that has not come C. Criminal laws are a matter of child recruitment. Rather, this crime is stipulated in international law under the Convention on the Rights of the Child of 1989. Therefore, states must provide special protection for children to prevent their exploitation or abuse or prevent serious and inhuman violations that affect them, such as their recruitment into armed actions, whether by others or not. By whoever has legal authority over him.

The Validity of United States Intervention in Panama under International Law

1990 ◽  
Vol 84 (2) ◽  
pp. 494-503 ◽  
Author(s):  
Ved P. Nanda
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Imminent Danger ◽  
Military Forces ◽  
United States Intervention ◽  
President Bush ◽  
The U.S

Only a few hours after ordering the U.S. military forces to Panama on December 20, 1989, President Bush explained that General Manuel Noriega had declared “a state of war with the United States and publicly threatened the lives of Americans in Panama.” This, he said, had been followed by the murder of an unarmed American serviceman by Noriega’s forces and beatings and harassment of others. He added that, as General Noriega’s “reckless threats and attacks upon Americans in Panama” had created an “imminent danger to the 35,000 American citizens in Panama,” he as President was obligated “to safeguard the lives of American citizens.”

Save the Injured – Don’t Kill IHL: Rejecting Absolute Immunity for ‘Shielding Hospitals’

2019 ◽  
Vol 30 (2) ◽  
pp. 465-480
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Empirical Data ◽  
Personal Attributes ◽  
International Humanitarian Law ◽  
Entire Body ◽  
Humanitarian Law ◽  
Medical Institutions ◽  
The Law ◽  
Special Protection

Abstract This article is a response to Neve Gordon and Nicola Perugini’s thought-provoking article, ‘“Hospital Shields” and the Limits of International Law’, published in this issue. The authors advocate reforming the law to allow hospitals absolute protection, even in cases where they are also used by combatants for military purposes that are harmful to their adversary (‘shielding hospitals’). Defining the contour of the desired protection for hospitals should start with both the institutional and personal attributes justifying their special protection as well as with the empirical data relating to the prevalence of attacks on hospitals – who and what triggers them. Against this background, this reply presents the prevailing law that grants strong protection to hospitals, albeit a contingent one that may be removed in exceptional cases of their abuse. It advocates retaining the contingent protection, though with some adjustments, and argues that the suggested absolute protection – in fact, immunity – for shielding hospitals is neither feasible nor normatively desirable. It would damage the current balance and rationale of the entire body of international humanitarian law in general and have a counter-effect upon the treatment of the sick and wounded in particular. Contrary to its apparent humanitarian rationale, absolute immunity for shielding hospitals would damage their ability to function as medical institutions and allow an adversary who controls a hospital full discretion in selecting its priorities regarding the use of its space and resources and might turn the sick and wounded into a means of warfare.

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