scholarly journals Features of detection and obtaining evidence of war crimes committed in the context of international armed conflict

2021 ◽  
Vol 39 (69) ◽  
pp. 74-90
Author(s):  
Ihor Tataryn ◽  
Yuliia Komissarchuk ◽  
Yurii Dmytryk ◽  
Mariia Maistrenko ◽  
Olha Rymarchuk
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
International Humanitarian Law ◽  
Scientific Article ◽  
Humanitarian Law ◽  
Comprehensive Understanding ◽  
Military Conflict ◽  
Support Organization ◽  
International Obligations ◽  
The Military

The scientific article is devoted to a comprehensive understanding of international legal, procedural, and organizational problems of investigation of war crimes committed during the military conflict in the south and east of Ukraine. It develops the author's concept of investigation of war crimes committed during the armed conflict, scientifically substantiated theoretical provisions and specific patterns that are manifested in the field of legal support, organization of investigation, collection of evidence, methods of investigation of crimes of this type. It is concluded that there is a need to specify the components of war crimes in national legislation. Recommendations for further improvement of criminal and criminal procedure legislation of Ukraine in order to fulfill the state's international obligations in the field of international humanitarian law are given.

Amnesties and international humanitarian law: Purpose and scope

2018 ◽  
Vol 101 (910) ◽  
pp. 357-363
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Armed Conflicts ◽  
Universal Jurisdiction ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions

States party to the 1949 Geneva Conventions and Additional Protocol I of 1977 have an obligation to take measures necessary to suppress all acts contrary to their provisions. Moreover, States must investigate war crimes allegedly committed by their nationals or on their territory, and other war crimes over which they have jurisdiction, such as on the basis of universal jurisdiction, and, if appropriate, prosecute the suspects. In accordance with these obligations and the limits they impose, States may adopt certain measures during and in the aftermath of armed conflicts to promote reconciliation and peace, one of which is amnesties. International humanitarian law (IHL) contains rules pertaining to the granting and scope of amnesties. Specifically, Article 6(5) of Protocol II additional to the Geneva Conventions relating to non-international armed conflicts (NIACs) provides that, at the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict. Importantly, under customary IHL (as identified in Rule 159 of the ICRC customary IHL study), this excludes persons suspected of, accused of, or sentenced for war crimes in NIACs.

Wartime Is Peacetime: Undeclared Armed Conflict in the Late Twentieth and Early Twenty-First Centuries

2021 ◽  
Author(s):  
Bernardo Teles Fazendeiro
Keyword(s):  
Division Of Labor ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Operations ◽  
Early Twenty ◽  
Four Books ◽  
One Step ◽  
Late Twentieth ◽  
The Military

Abstract War has increasingly concealed itself by way of euphemism and undeclared armed conflict, a practice that has unsettled the distinction between wartime and peacetime. Each of the four books reviewed herein touches upon this topic, either directly or indirectly. Carson addresses the features of and reasons for covert operations over the course of the twentieth century, focusing on concerted concerns over the risk of escalation. Hoffman and Weiss investigate the evolution of the mainstay commitment to humanitarianism in the international arena, and the extent to which it has become increasingly attached to security. Fazal largely agrees with this conclusion, but takes it one step further. She persuasively shows how the proliferation of international humanitarian law led to a decrease in formal declarations of war among states, a practice that contributed to semantic confusion as well as to the growing use of euphemism to account for armed conflict. Schadlow argues consistently for greater conceptual and practical links between war and postconflict governance, pointing, among other things, to how ill-conceived strategy regarding the broader meaning of war leads to unsuccessful military operations. The review essay subsequently links this common thread—particularly the concealed types of warfare, the use of euphemism, and limited conceptions of armed conflict—to ongoing debates on wartime and peacetime and their relationship to the international order. Overall, the international order's specific setup in conjunction with how war is no longer explicitly recognized or declared has resulted in a division of labor among the military, technocrats, and the police. This division of labor has in turn unsettled the traditional distinction between peacetime and wartime to the effect that the latter is no longer explicitly acknowledged.

scholarly journals Issuing Several Pardons, President Trump Intervenes in Proceedings of U.S. Troops Charged or Convicted of Acts Amounting to War Crimes

2020 ◽  
Vol 114 (2) ◽  
pp. 307-312
Keyword(s):  
War Crimes ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Military ◽  
The U.S

On November 15, 2019, President Trump pardoned or otherwise removed punishments for three members of the military—Lieutenant Clint Lorance, Major Mathew Golsteyn, and Chief Petty Officer Edward Gallagher—who had been found to commit, or had allegedly committed, criminal acts abroad that amounted to war crimes. These actions follow Trump's May 2019 pardon of First Lieutenant Michael Behenna, who had been found guilty of murdering a detainee in Iraq. These intrusions into military proceedings were an unusual use of the president's pardon power and have raised concerns about the U.S. commitment to international humanitarian law.

The Applicability of International Humanitarian Law to the Conflict in Libya

2012 ◽  
Vol 14 (4) ◽  
pp. 403-436 ◽  
Author(s):  
Kubo Mačák ◽  
Noam Zamir
Keyword(s):  
Security Council ◽  
Armed Conflict ◽  
Military Intervention ◽  
International Humanitarian Law ◽  
Controversial Issues ◽  
Humanitarian Law ◽  
Gradual Loss ◽  
The Government ◽  
The Military ◽  
Shed Light

Abstract The purpose of this article is to examine the applicability of international humanitarian law to the 2011 conflict in Libya in its consecutive phases. We argue that the situation in Libya rose to the level of non-international armed conflict between the government forces and insurgents united by the National Transitional Council by the end of February 2011. The military intervention by a multi-state coalition acting under the Security Council mandate since March 2011 occasioned an international armed conflict between Libya and the intervening States. We consider and reject the arguments in favour of conflict convergence caused by the increased collaboration between the rebels and NATO forces. Similarly, we refute the propositions that the Gaddafi government’s gradual loss of power brought about conflict de-internationalisation. Finally, we conclude that both parallel conflicts in Libya terminated at the end of October 2011. The article aspires to shed light on the controversial issues relating to conflict qualification in general and to serve as a basis for the assessment of the scope of responsibility of the actors in the Libyan conflict in particular.

scholarly journals MODERN PROBLEMS RELATED TO THE OBSERVANCE OF HUMAN RIGHTS IN THE MILITARY CONFLICT ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 34 (2) ◽  
pp. 93-99
Author(s):  
V.V. Goncharov ◽  
◽  
N.N. Berzeova ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
International Justice ◽  
The South ◽  
Military Conflict ◽  
The Law ◽  
The Military

The article deals with the problems of human rights in the context of armed conflict and the actions of the anti-terrorist operation in the South-East of Ukraine. The analyzes the fundamental documents of international law and the law of Ukraine in the field of basic human rights and freedoms and identifies violations of regulations in the field of ensuring the security of citizens, the use of the army and prohibited weapons against civilians and civilian infrastructure. Based on the research carried out in the article, the author identifies and justifies the following ways to resolve the conflict: the introduction of troops of peacekeepers in the zone of military conflict; resolving issues of actual compensation for victims and relatives of victims; the implementation of international justice against those responsible for unleashing the conflict and war crimes against citizens.

scholarly journals Issues on The Enforcement of International Humanitarian Law to The Use of Drones in Armed Conflicts

2017 ◽  
Vol 23 (2) ◽  
pp. 167-170
Author(s):  
Sabin Guțan
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
Legal Rules ◽  
The Military

Abstract Drones are new means and methods of warfare which, apparently, are similar to combat aircrafts. A big difference between the two categories is the human personnel involved. Compared with airplanes, carrying a human crew on board - this one carrying out combat operations from inside the aircraft - drones do not have inside human beings, being coordinated from the ground (or sea) - the military actions carrying out from the place where the operators are. So the question arises: what kind of rules of international humanitarian law are applicable to the use of drones in armed conflicts? Starting from the rule that legal rules apply to legal relationships between people (but not directly to objects or animals), I analyze to what extent these means and methods of warfare are subject to the rules of armed conflict on land, sea or air.

scholarly journals STATUS AND PERSPECTIVES OF WAR CRIMES PROCESSING IN BOSNIA AND HERZEGOVINA

2019 ◽  
Vol 9 (2) ◽  
pp. 55-69
Author(s):  
Dževad Mahmutović ◽  
◽  
Mirna Alibegović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Armed Conflict ◽  
Regional Cooperation ◽  
War Crimes ◽  
Strategy Implementation ◽  
International Humanitarian Law ◽  
Criminal Prosecution ◽  
Humanitarian Law ◽  
Data Call ◽  
Research Show

Serious, systematic and massive violations of international humanitarian law were committed during the 1992-1995 armed conflict in the territory of Bosnia and Herzegovina. The criminal prosecution and prosecution of perpetrators of these violations of international humanitarian law falls within the jurisdiction of several courts of various levels, namely the ICTY, the courts in Bosnia and Herzegovina, as well as the courts of other countries, in accordance with the principle of universal jurisdiction. However, the fact that is justifiably worrying is that, even after 24 years since the end of the war, the work on prosecuting those responsible for violations of international humanitarian law in Bosnia and Herzegovina is nowhere near completion. This is a consequence of non-compliance with the guidelines of the National War Crimes Processing Strategy, implementation of various laws at the state and entity levels, as well as limited regional cooperation and dialogue. The results of the research show that the concerns and perceptions expressed by citizens, as well as by some domestic and international institutions regarding the effectiveness of prosecutors' offices in prosecuting war crimes cases are very justified. Such data call for action by all relevant individuals and institutions to undertake activities in their own domain in order to advance this process and bring it to the level it deserves, given the importance for the overall BiH society.

Ch.Five War Crimes

2020 ◽  
Author(s):  
Werle Gerhard ◽  
Jeßberger Florian
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Historical Development ◽  
Criminal Responsibility ◽  
War Crimes ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Criminal Sanctions ◽  
Humanitarian Operations ◽  
Definition Of

This chapter turns to war crimes. Here, the chapter narrows the definition of ‘war crimes’ to a violation of a rule of international humanitarian law that creates direct criminal responsibility under international law. It then proceeds to examine the historical development of war crimes as part of international humanitarian law as well as criminal sanctions, war crimes in non-international armed conflict, protected interests, and categories of war crimes. Afterward, the chapter describes the overall requirements for an offence to be deemed a war crime. Next, the chapter explores war crimes against persons, against property and other rights, and against humanitarian operations. It also discusses prohibited methods of warfare and the use of prohibited means of warfare. The chapter ends with a coverage of the multiplicity of offences.

Part IV The ICC and its Applicable Law, 30 The Characterization of Armed Conflict in the Jurisprudence of the ICC

2015 ◽  
Author(s):  
Cullen Anthony
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Case Law ◽  
Prima Facie ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Control Test ◽  
Applicable Law ◽  
Internal Armed Conflict

The existence of armed conflict is the most fundamental prerequisite for the exercise of jurisdiction over war crimes. This chapter probes the characterization of armed conflict in the case-law of the ICC. It shows that the ICC has relied heavily on the jurisprudence of the ICTY concerning the conceptualization of non-international armed conflict (e.g. Tadić) and internationalization of prima facie internal armed conflict based on the overall control test. It argues that maintaining the integrity of armed conflict as a concept of international humanitarian law is one of the greatest longer-term challenges facing the Court.

The Criminalisation of Intra-party Offences in Light of Some Recent icc Decisions on Children in Armed Conflict

2019 ◽  
Vol 19 (4) ◽  
pp. 600-634
Author(s):  
Marco Longobardo
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Child Soldiers ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Scope Of Application ◽  
The Relationship ◽  
Domestic Law

Traditionally, international humanitarian law is considered to be applicable only to the relationship between different parties of an armed conflict, while domestic law and international human rights law address situations of intra-party conduct, i.e., conduct involving members of the same party only. In the recent case law of the International Criminal Court, however, intra-party offences against children used as child soldiers have been treated as war crimes. Various Chambers have offered different arguments on this inclusion, which touches upon fundamental issues related to the scope of application of international humanitarian law. This article explores whether the criminalisation of intra-party offences as war crimes is in line with contemporary international humanitarian law, arguing that a positive answer must be based on the correct interpretation of international humanitarian law rules.

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