International humanitarian law Part 12

International humanitarian law Part 12

 

230

The War on Terrorism and International humanitarian law
Steven R. Ratner
Michigan State Journal of International Law
Volume 14, Issue 1, 2006 p.19

LAW JOURNAL / LAW REVIEW

231

Reflections on International Humanitarian Law and transitional justice: lessons to be learnt from the Latin American experience
Elizabeth Salmón G.
International Review of the Red Cross
Volume 88, Number 862, June 2006 p.327-353

LAW JOURNAL / LAW REVIEW

232

Selected articles on International Humanitarian Law
International Review of the Red Cross
Volume 88, Number 862, June 2006

LAW JOURNAL / LAW REVIEW

233

Humane wars? International law, Just War theory and contemporary armed humanitarian intervention
Mednicoff, David M.
Law, Culture and the Humanities
Volume 2, Number 3, October 2006 p.373-398

LAW JOURNAL / LAW REVIEW

234

Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law by Anne Orford
Dino Kritsiotis
Modern Law Review
Volume 69, Number 6, November 2006 p.1026

LAW JOURNAL / LAW REVIEW

235

Review of Conference: “The Reaffirmation of Custom as an Important Source of International humanitarian law
Sabrinab Algamwalla
Human Rights Brief
Volume 13, Issue 2, Winter 2006 p.13

LAW JOURNAL / LAW REVIEW

236

Anne Orford, Reading Humanitarian Intervention. Human Rights and the Use of Force in International Law
Michael Schoiswohl
Austrian Review of International and European Law
Volume 9, 2004 p.448

LAW JOURNAL / LAW REVIEW

237

Jean Marie Henckaerts/Louise Doswald-Beck (eds.): Customary International humanitarian law , Volume I: Rules, Customary International Humanitarian Law, Volume II: Practice, Part 1 and 2
Boldt
German Yearbook of International Law
Volume 48, 2005 p.680

LAW JOURNAL / LAW REVIEW

238

The Effect on National Law of the Customary International Humanitarian Law Study
Rowe, P.
Journal of Conflict and Security Law
Volume 11, Number 2, Summer 2006 p.165-177

LAW JOURNAL / LAW REVIEW

This article discusses whether the Rules formulated in the Customary International Humanitarian Law Study are automatically a part of national law, particularly in Common law States. It argues that even if some or all of them accurately reflect Customary International Law at the present time, their status is only as potential norms of national law. It concludes that they cannot, by themselves and without more, amount to crimes within national law. The author discusses also the relationship between the Rules at Common law and any wholly or partially implemented treaty upon which they are based. He concludes that the Rules, as such, will generally have little practical impact upon national criminal law.

239

International Accountability for Violations of the Ius in Bello: The Impact of the ICRC Study on Customary International Humanitarian Law
Fleck, D.
Journal of Conflict and Security Law
Volume 11, Number 2, Summer 2006 p.179-199

LAW JOURNAL / LAW REVIEW

The law of armed conflicts prohibits indiscriminate warfare, unnecessary suffering and perfidious acts, yet practice confirms that legal rules which have been expressly supported by states are widely violated, while means to enforce compliance are often weak or altogether lacking. The Article considers the imperfect situation of compliance and enforcement in armed conflicts and shows that specific problems, in particular with respect to non-state actors, remain unsolved and too little discussed. The obligation of states to respect and ensure respect of international humanitarian law is evaluated. In this context similar obligations of transnational corporations and armed opposition groups are considered and the role of international organisations addressed. Advocating new efforts by lawyers and operators, in order to ensure confidence in the law and to improve the protection of victims of armed conflicts, the author identifies eight practical steps as being the most important.

240

Weapons in the ICRC Study on Customary International Humanitarian Law
Turns, D.
Journal of Conflict and Security Law
Volume 11, Number 2, Summer 2006 p.201-237

LAW JOURNAL / LAW REVIEW

Part IV of the ICRC”s Customary International Humanitarian Law Study is the shortest section of that monumental work; yet it covers one of the most important technical areas of humanitarian law, namely prohibited weapons. It does so by means of two “General Principles”and 14 rules on specific weapons, all of which are covered by various Treaties that have been made since 1868 (a notable omission is nuclear weapons). This article outlines the context of the Study”s overall impact in relation to weaponry and addresses some methodological criticisms concerning the extrapolation of customary rules from Treaties which, in some cases, are barely a decade old and either have not attracted a very large number of States parties or are confronted with significant contrary State practice by major military powers like the United States of America. The article goes on to consider each Rule individually in light of its origins in treaty law and previous status as custom, if any. A point of contention throughout these Rules is the Study”s cavalier extension of them to cover non-international, as well as international, armed conflicts, even in cases where State practice is all but absent. This detracts from the Study”s overall credibility and usefulness. It is seriously suggested that most of the Rules in this Part of the Study are either unsupported by sufficient evidence or otherwise redundant; the Study”s authors could usefully have stopped at the second of the “General Principles”as far as weaponry is concerned.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Common law, Customary International Law, International Court of Justice, International Humanitarian Law, International humanitarian law, International humanitarian law, Law Study, Treaties.


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