scholarly journals Are “Unlawful Combatants” Protected under International Humanitarian Law?

2018 ◽  
Vol 10 (2) ◽  
pp. 62
Author(s):  
Xiao Mao
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Unlawful Combatants

Unlawful Combatants

2014 ◽  
Author(s):  
Knut Dörmann
Keyword(s):  
United States ◽  
The United States ◽  
Legal Framework ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Legal Situation ◽  
Military Campaign ◽  
Unlawful Combatants

The legal situation of ‘unlawful combatants’ has been one of the most contentious issues in international humanitarian law. It has been addressed in some detail in legal writings following the adoption of the Geneva Conventions of 1949 and then before the 1977 Additional Protocols to the Geneva Conventions were adopted. The United States-led military campaign in Afghanistan, which started in 2001, revived the debate. This chapter examines the debate concerning the legal framework applicable to the possible detainability and targetability of ‘unlawful combatants’. It first considers ‘unlawful combatants’ in the hands of the enemy within the framework of international and non-international armed conflicts. It then discusses the penal prosecution of ‘unlawful combatants’ as well as their status under the rules of the conduct of hostilities. The chapter concludes by looking at the practice in Israel and the United States, the former in reference to the incarceration of unlawful combatants and the latter with respect to the fight against terrorism.

International Humanitarian Law

2020 ◽  
Author(s):  
Emily Crawford ◽  
Alison Pert
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law

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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