Nonprosecutorial Sanctions for Grave Violations of International Humanitarian Law: Wartime Conduct of Bosnian Police Officials

2003 ◽  
Vol 97 (2) ◽  
pp. 342-352 ◽  
Author(s):  
Gregory L. Naarden
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
International Community ◽  
Fundamental Aspect ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
High Ranking ◽  
Domestic Courts ◽  
The Subject ◽  
Judicial Systems

Addressing accountability for human rights atrocities takes on particular significance in postconflict situations. To the extent that mechanisms for accountability facilitate the pursuit of justice against individual perpetrators, the reform of institutions staffed by perpetrators, and the initiation of reconciliation processes, identifying those who committed atrocities is a fundamental aspect of a peacekeeping mission.The international community has established tribunals to try those who committed atrocities and will not be tried in domestic courts. Such tribunals, however, limit the scope of prosecutions to high-ranking officials, and do not command sufficient resources to pursue the multitude of individuals who participated in atrocities. Domestic courts have jurisdiction to try individuals who participated in atrocities, but judicial systems in postconflict. countries find themselves in disarray and generally unable to cope with sensitive cases, because of both the subject matter and the potential number of cases.

Introduction

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Subject Matter ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Subject

The chapter provides an overall introduction to the book. It explains the subject matter of the book, which is an exploration of the challenges to obtain remedies and reparation for harm suffered in the context of violations of human rights and international humanitarian law carried out by or attributed to international organizations. It sets out the problems the book seeks to address, the approach taken, the methodology, the structure of the arguments, particular issues and tensions. Finally, it posits some solutions and paths forward to the myriad lacunae that have been identified throughout the text and explains what is concluded overall.

New Mechanisms for the Enforcement of International Humanitarian Law

2001 ◽  
Vol 95 (4) ◽  
pp. 934-952 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Community ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
Domestic Courts

The international criminal court (ICC) will serve as a permanent institution dedicated to the enforcement of international humanitarian law sixty days after the sixtieth state has deposited its instrument of ratification, acceptance, approval, or accession to the Treaty of Rome with the Secretary-General of the United Nations.1 Pursuant to Article 11 of the ICC Statute, however, the ICC will have jurisdiction only with respect to crimes committed after the treaty comes into force.2 Consequently, when faced with allegations of violations of international humanitarian law in the period prior to the establishment of the ICC, the international community has five options if criminal prosecutions are desired.3 First, additional ad hoc international tribunals, similar to those established for the former Yugoslavia (International Criminal Tribunal for the Former Yugoslavia, ICTY) and Rwanda (International Criminal Tribunal for Rwanda, ICTR) could be established.4 Second, "mixed" international criminal tribunals, which would share certain attributes with the ad hoc Tribunals, could be created.5 Third, the international community could leave the prosecution of alleged offenders to national authorities, provided that the domestic courts are functioning and able to conduct such trials. Fourth, in those instances where the national infrastructure has collapsed, international resources could be made available to assist with the prosecution of the alleged offenders in domestic courts. Finally, the international community could simply do nothing in the face of alleged violations of international 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. 

The Humanization of Humanitarian Law

2000 ◽  
Vol 94 (2) ◽  
pp. 239-278 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
Hague Convention ◽  
International Humanitarian Law ◽  
Land Mines ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
The Impact

The centennial of the Hague Convention (No. II; No. IV in the 1907 version) on the Laws and Customs of War on Land and the fiftieth anniversary of the four Geneva Conventions for the Protection of Victims of War of August 12, 1949, present an opportunity to reflect on the direction in which the law of war, or international humanitarian law, has been evolving. This essay focuses on the humanization of that law, a process driven to a large extent by human rights and the principles of humanity. As the subject is vast, major issues must inevitably be left out of my discussion, including the impact of the prohibitions on unnecessary suffering and indiscriminate warfare on the regulation of weapons, the proscription of antipersonnel land mines and blinding laser weapons, and the progression of international humanitarian law from largely protecting noncombatants to protecting combatants as well.

scholarly journals The nature of the action undertaken by the UN Special Rapporteur on migrant rights . Selected issues and problems

2021 ◽  
pp. 151-168
Author(s):  
Iwona Wrońska
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Subject Matter ◽  
International Community ◽  
Special Role ◽  
Special Rapporteur ◽  
Host Countries ◽  
The Subject ◽  
Third Country Nationals

Despite the contribution they make to the life of host countries, migrants are often subjected to inappropriate or often cruel treatment because they are third-country nationals or are in an uncertain situation. The growing interest of the international community in the subject matter of human rights means that particular attention is now being devoted to migrant rights. The activity of the UN Special Rapporteur on migrant rights, who operates within the framework of the so-called Special Procedures established by the Human Rights Coun­cil, plays a special role among the mechanisms of protection of migrant rights in international relations.

scholarly journals The Just War Theory and Human Rights Violations: What Does International Law Tell?

2019 ◽  
Vol IV (I) ◽  
pp. 1-6
Author(s):  
Asghar Ali ◽  
Nazim Rahim ◽  
Syed Mussawar Hussain Bukhari
Keyword(s):  
Human Rights ◽  
International Law ◽  
Just War ◽  
Just War Theory ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Equal Rights ◽  
War And Peace ◽  
The Subject ◽  
Principle Of Proportionality

War and Peace are the two important topics of international law. Both the terms, despite polar apart in their nature are the subject matter of international law. As war is inevitable and cannot be reduced to zero; hence, international law tries to lay rules for the justification of war and its conduct. However, a just war becomes unjust when it causes disproportional civilian casualties. Humans become the target of war, whether just or unjust. On one hand, the UN Charter gives equal rights to all the humans without any discrimination and on the other hand, it considers the declaration of a just war as a prerogative of the UN Security Council only. However, states take unilateral actions and violate both the principle of proportionality and fundamental human rights. This analytical study discusses the Just War Theory and its impacts on fundamental human rights, in light of the international humanitarian law

Adjudication before Regional and International Courts

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Subject Matter ◽  
Regional Integration ◽  
International Organization ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Courts ◽  
International Court

International and regional courts provide a degree of oversight over the conduct of international organizations. In some instances, these courts have played an important, albeit indirect role in assessing the validity of international organization conduct in the course of proceedings against States, which has had a modest influence on the procedures of universal international organizations. Regional courts have also played an important role in assessing the acts of regional integration organizations, although the limited personal and subject matter jurisdiction of many of such courts has limited their capacity to adjudicate claims concerning organizations’ human rights and international humanitarian law breaches. There is no international court with a mandate to adjudicate claims brought by individuals concerning the acts of international organizations.

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.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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