Moving Forward on the Development of Minimum Humanitarian Standards

1998 ◽  
Vol 92 (3) ◽  
pp. 557-563 ◽  
Author(s):  
David Petrasek
Keyword(s):  
Human Rights ◽  
Effective Means ◽  
Legal Protection ◽  
Internal Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Internal Conflicts ◽  
Protection Of Human Rights ◽  
Closing The Gap ◽  
Human Rights Norms

Regular readers of this Journal will be familiar with the idea of developing a set of minimum humanitarian standards to provide greater protection of human rights in situations of internal conflict. The idea was first put forward in 1983 by Professor Theodor Meron as both a necessary and an effective means of closing the gap in legal protection that exists in internal conflicts that fall outside the scope of applicability of international humanitarian law, and where human rights norms might be insufficient. The idea became more concrete in 1990 with the adoption of the Declaration on Minimum Humanitarian Standards in Turku/Åbo, Finland, now often referred to as the “Turku Declaration,” by a group of experts convened by the Institute for Human Rights at Abo Akademi University.

scholarly journals EXISTENCE OF THE DISTINCTION PRINCIPLE AS A PROTECTION FOR THE VICTIMS OF ARMED CONFLICT; THE IMPLICATIONS ON RENEWAL OF THE NATIONAL LAW

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Danial .
Keyword(s):  
Armed Conflict ◽  
Analytical Approach ◽  
Secondary Data ◽  
Internal Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Effective Protection ◽  
National Legislation ◽  
Internal Conflicts ◽  
Research Questions

This study intent to analyze the existence of the distinction principle in international humanitarian law can provide effective protection against combatants and civilians in a modern armed conflict and contribute to the protection of victims of internal conflicts in Indonesia. It is very important to find the concept of the protection of victims of internal conflict in Indonesia. This research uses a normative, and the research also applies a descriptive-analytical approach to examine and analyze the research questions of the thesis. In doing so, this research uses a secondary data, these legal materials are subsequently analyzed using a qualitative juridical approach. The results showed that the existence of distinction principle at the level of concepts and implementations provide less effective protection against combatants and civilians in modern armed conflict. And the contribution of distinction principle to the protection of victims of internal conflicts in Indonesia is able to strengthen the concept of “sishankamrata” and national legislation. Keywords: armed conflict, distinction principle, protection of victim.

Human Rights in Armed Conflict: Ten Years of Affirmative State Practice within United Nations Resolutions

2012 ◽  
Vol 3 (2) ◽  
pp. 233-262 ◽  
Author(s):  
Ilia Maria Siatitsa ◽  
Maia Titberidze
Keyword(s):  
Human Rights ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
State Practice ◽  
Human Rights Norms ◽  
Two Bodies ◽  
Real Test

The debate concerning the interrelation of international human rights law and international humanitarian law is certainly not new within the relevant academic circles. Nevertheless, a comprehensive study of recent State practice in the UN political bodies, that puts the opposition to the applicability of human rights to a real test, adds a new and rather intriguing twist to the matter. It appears that the statements of governments arguing for the exclusive application of international humanitarian law in armed conflicts are not always supported by their own practice within the UN political bodies. The present article explores the potential influence and importance of this observation for bridging the possible gaps between these two bodies of international law. It further identifies a number of interesting trends in the application of specific human rights norms in armed conflicts.

scholarly journals The legal protection of persons living under the control of non-State armed groups

2021 ◽  
pp. 1-30
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
International Law ◽  
Social Services ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Rebel Governance

Abstract In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.

Reconciling the rules of international humanitarian law with the rules of European human rights law

2015 ◽  
Vol 97 (900) ◽  
pp. 1295-1311 ◽  
Author(s):  
Claire Landais ◽  
Léa Bass
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Military Operations ◽  
European Court ◽  
Increased Risk ◽  
Protection Of Human Rights

AbstractStates party to the European Convention for the Protection of Human Rights and Fundamental Freedoms that engage in military operations abroad face an increased risk to be held responsible for violations of the Convention, given the relatively recent case law adopted by the European Court of Human Rights. This article examines some of the issues raised by the concurrent applicability of international humanitarian law and European human rights law. It also seeks to identify ways to reconcile these two different, but not incompatible, branches of international law.

The Contribution of the International Court of Justice to the Promotion and Protection of Human Rights

2018 ◽  
Author(s):  
Dominika Švarc Pipan
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Protection Of Human Rights ◽  
Individual Human ◽  
Peace Treaties

Dominika Švarc explores the way in which the interstate International Court of Justice (ICJ) deals with individual human rights and international humanitarian law. She argues that ever since the Interpretation of Peace Treaties case in 1950, the ICJ has taken an increasingly strong role in recognizing, interpreting, and developing these two disciplines. The Court relies on the cooperation with regional human rights courts and global human rights treaty bodies.

scholarly journals Searching for Armed Non-state Actors’ Role in the Process of Formation of Customary Law

2019 ◽  
Vol 19 (2) ◽  
pp. 97-115 ◽  
Author(s):  
Agata Kleczkowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Current State ◽  
Protection Of Human Rights ◽  
State Actors

Summary The paper explores the problem of the formation of the ‘(quasi-) customary law’, as a source of law created by, or contributed to by armed non-state actors (ANSAs). It argues that, despite some views presented in the doctrine of international law, claims of a quasi-customary international law are without foundation in the current state of international law. The paper is divided into three parts. The first part presents the views of legal doctrine concerning the customary law as contributed/created by non-state actors. The second section argues that ANSAs do not form practice and opinio juris which would allow them to create their ‘own’ customary law. The final part presents the possible challenges and consequences of including ANSAs in the process of formation of customary international law as created by States. In summary the conclusions posit that it could be potentially very harmful for international humanitarian law and the protection of human rights.

scholarly journals Protection of Children Participating in Hostilities under International Humanitarian Law and Human Rights Law: Issues of Compliance by Non-State Actors

2020 ◽  
Vol 2 (2) ◽  
pp. 66-72
Author(s):  
Sana Taha Gondal ◽  
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Protection ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Legal Provisions ◽  
State Actors ◽  
Indirect Part

Children enjoy legal protection under international humanitarian law and international human rights law. In situations of armed conflict, children are granted not only general protection as civilians, but special protection as children. Several legal provisions exist in the Geneva Conventions and its Additional Protocols, along with the Convention on the Rights of Child and its Second Optional Protocol on Children in Armed Conflicts. However, despite the current legal framework providing protective rights to children, there are serious issues of compliance by non-state actors, particularly in reference to inducting and using child soldiers. This highlights several legal challenges to international humanitarian law vis a vis the diminished protection of children taking direct part in hostilities. This article discusses the current legal regime protecting children in armed conflict, who take direct and indirect part in hostilities. Thereafter, an analysis is made of situations of international and non-international armed conflicts and the difference in protections accorded to these children, respectively. Lastly, an analysis is made of the compliance mechanisms that may be developed for non-state actors under international humanitarian law to prevent recruitment of children for taking direct or indirect part in hostilities. The issues of compliance by non-state actors and possible responses to such challenges are also addressed.

scholarly journals Artificial Intelligence, Ethics and International Human Rights Law

2021 ◽  
Vol 29 ◽  
Author(s):  
Fatima Roumate
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Ethical Challenges ◽  
Ethical Frameworks ◽  
Legal Response ◽  
Protection Of Human Rights ◽  
The Many

The ethics of artificial intelligence is the response to a new dilemma that demands international society to provide a legal response to the many ethical challenges artificial intelligence creates. COVID-19 accelerates the use of AI in all countries and all fields. The pandemic is accelerating the transition to a society that is increasingly based on the use of, and reliance on, AI, and this also enhances the threats and creates new risks related to human rights. Artificial Intelligence (AI) influences human rights and international humanitarian law. This paper addresses international mechanisms and ethics as new rules which can ensure the protection of human rights in the age of AI. Two arguments are discussed in this study. Considering the ubiquitous and global reach of AI, the challenges it imposes requires an international legal oversight, a requirement that highlights the importance of ethical frameworks. In conclusion, the paper emphasizes how optimal action is needed to protect human rights in the age of AI. Rethinking international law and human rights and enhancing the ethical frameworks have thus become obligatory rather than a choice.

scholarly journals PERLINDUNGAN TERHADAP PENGUNGSI DOMESTIK MENURUT HUKUM HUMANITER DAN HAK ASASI MANUSIA

2008 ◽  
Vol 8 (3) ◽  
Author(s):  
Aryuni Yuliantiningsih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Armed Conflicts ◽  
Internal Displacement ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Internally Displaced ◽  
Guiding Principle ◽  
The Status

Internal displacement is one of humanitarian problem that need to be handled in accordance to humanitarian principles.  The usual causes of internal displacement are, as results of armed conflicts, violations of human rights, and natural disaster. Internal displacement is different with refugees. For refugees who crossed border to another  country there was a protection has been regulated under The Convention relating to The Status of Refugees 1951, but for Internally Displaced Persons remain within their own countries without legal protection under international law.  To fulfill this vacuum, United Nations has stipulated a Guiding Principle on Internal Displacement in 2001.This guidance is can promote international humanitarian law and human rights law. Kata kunci: pengungsi domestik, perlindungan, hukum humaniter dan hak asasi manusia

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