International humanitarian law Part 15

 

Administering the Territories: An Inquiry into the Application of International humanitarian law by the IDF in the Occupied Territories
Amichai Cohen
Israel Law Review
Volume 38, Number 3, Fall 2005 p.24

Refugees , INTERNALLY DISPLACED PERSONS, AND International Humanitarian Law
François Bugnion
Fordham International Law Journal
Volume 28, Number 5, May 2005 p.1397

THE SEXUAL ASSAULT OF WOMEN DURING ARMED CONFLICT OR CIVIL DISTURBANCE
Grant Niemann
Criminal Law Journal
Volume 30, Number 1, February 2006 p.8

The International Criminal Law applicable to the regulation and control of sexual offences committed against women during the course of armed conflict and civil disturbance has gone through a process of significant development during the last 15 years. Prior to the 1990s, the enforcement record of these crimes at an international level was unsatisfactory. Feminist thinking and the ability of women to influence the development of customary International Humanitarian Law applicable to these crimes has played an important part in this process. However, the creation of the international criminal tribunals has provided the mechanism by which these changes have occurred. In this article the reasons for these sexual assaults is considered and various explanations are offered. The horrific extent of this offending is canvassed. However, there is justification for a guarded but cautiously optimistic prediction that perhaps the record of enforcement of these crimes may at last have some possibility of improvement particularly if developments in the law and social conditions are permitted to continue.

Two justifications for terrorism: A moral legal response
Ben Saul
Alternative Law Journal
Volume 30, Number 5, October 2005

This article pauses to take seriously two specific claims of justification for terrorist violence: first, that some civilians are not ‘innocent’ and deserve to be killed; and second, that suicide bombing is excused by the defence of necessity. It unravels each of these claims and subjects them to the scrutiny of existing international legal principles (particularly International humanitarian law ) and the moral framework underlying those principles. While there is a range of different justifications presented for terrorism, this article concludes that neither of these two specific claims is legally sustainable.

Cluster bombs and International humanitarian law
Jessica Latimer, Felicity James, James May and Amy Barry-Macauley
Alternative Law Journal
Volume 30, Number 5, October 2005

This article discusses the use of cluster bombs and issues associated with deployment. The authors consider the contrasting positions of the International Committee of the Red Cross and military forces. The authors also examine International Humanitarian Law and the legal status of cluster bombs.

Obsolescent Character of International Humanitarian Law
Jean Philippe Loyant
Sri Lanka Journal of International Law
Volume 17, 2005 p.277

Customary International Humanitarian Law
Bing Bing JIA
Chinese Journal of International Law
Volume 4, Number 2, November 2005 p.739-741

Unilateral use of armed force and the challenge of humanitarian intervention in international law
M.T. Karoubi
Asian Yearbook of International Law
Volume 10, 2001-2002 p.95

Torture in International Human Rights and International Humanitarian Law: The Actor and the Ad Hoc Tribunals
SANDESH SIVAKUMARAN
Leiden Journal of International Law
Volume 18, Number 3, October 2005 p.541-556

Can Law Halt the Violence? Palestinian Suicide Bombings and Israeli “Targeted Assassinations”Under International Humanitarian Law
Donna E. Arzt
ILSA Journal of International and Comparative Law
Volume 11, Number 2, Spring 2005 p.357

I INTO THOU: AMERICAN RESISTANCE TO NARRATIVES OF INTERNATIONAL HUMANITARIAN LAW VIOLATIONS
Raymond M. Brown
Thomas Jefferson Law Review
Volume 28, Number 1, Summer 2005 p.1

An Inquiry into the Legality of Unilateral Humanitarian Intervention in International Law
Mosae, M.
Lesotho Law Journal
Volume 14, Number 2, 2001-2004 p.207

Author: international

Mentioned in these Entries

International Criminal Law, International Humanitarian Law, International humanitarian law, International humanitarian law, Refugees, Treaties, Treaty of Westphalia.