International humanitarian law Part 18

[Articles] The Paradox of the International Law of Military Occupation: Sovereignty and the Reformation of Iraq
McCarthy, C.
Journal of Conflict and Security Law
Volume 10, Number 1, Spring 2005

One of the myriad of questions confronting international law as a result of the invasion and occupation of Iraq has been whether and how the need to reconstruct Iraq economically and politically can be reconciled with the demands of the law of military occupation. Moreover, did the occupying powers adequately address this problem prior to the handover of power to Iraqi authorities on 28 June 2004? This article explores some of the key issues raised in this context. It analyses the juridical basis for the law of military occupation and then examines some of the key political, institutional and economic reforms that have been instituted in Iraq. Three potential sources of authority for these reforms are suggested and then critically examined as to their validity and scope. These are the vicarious authority arguably provided by the Iraqi Governing Council (IGC), Security Council authority which may supervene conventional International humanitarian law in this area and, of course, the authority provided by the Treaties regulating military occupation themselves, in particular article 43 of the Hague Regulations.

E. Van Sliedregt, The Criminal Responsibility of Individuals for Violations of International Humanitarian Law , T.M.C. Asser Press, The Hague 2003, xxiv + 437 pp., US$107/£66.50. ISBN 90-6704-166-1.
Snežana Trifunovska
Netherlands International Law Review
Volume 51, Issue 2, September 2004 p.324-328

IV. THE PARAMETERS OF INTERNAL ARMED CONFLICT IN International Humanitarian Law
Anthony Cullen
University of Miami International and Comparative Law Review
Volume 12, Summer 2004 p.189

United Nations’ responsibility for United Nations-mandated peace operations: A necessary contribution to the efficacy of International humanitarian law
Rachel Opie
New Zealand Armed Forces Law Review
Volume 3, 2003 p.18

Humanitarian intervention: morality and international law on intolerable violations of human rights
Eric A. Heinze
International Journal of Human Rights
Volume 8, Number 4, Winter 2004 p.471-490

The Law of Defamation and the Internet by Matthew Collins, reviewed by Andrew Charlesworth; The Judicial Application of HR Law by N. Jayawickrama, From Nuremburg to The Hague by P. Sands (Ed.) , International Law (IL) From Below by B. Rajagopal; Reading Humanitarian Intervention. HR and the use of Force in IL by A. Orford; Humanitarian Intervention. Ethical, Legal and Political Dilemmas by J.L. Holzgrefe R.O. Keohane (Eds), all reviewed by Rachel Murray; Decisions and Dilemmas: Working with Mental Health Law by J. Peay, reviewed by Peter Bartlett; Democratic Accountability and the use of Force in IL by C. Ku H.K. Jacobsen (Eds), US Hegemony and the Foundations of IL by M. Byers G. Nolte, Reviewed by Nicholas Tsagourias
Andrew Charlesworth, Rachel Murray, Peter Bartlett and Nicholas Tsagourias
Common law World Review
Volume 33, Number 4, November 2004 p.368

Deconstructing Armed Humanitarian Intervention, a Review of Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law by Anne Orford
Ruth Gordon
George Washington International Law Review
Volume 36, Number 4, 2004 p.947

Legal Limits to International Sanctions
Gernot Biehler
Hibernian Law Journal
Volume 4, Number 1, Winter 2003 p.15

Sanctions have recently become of great importance in international relations. Economic measures for political ends are often portrayed as a preferred alternative to the use of military force or simply doing nothing. Certainly, it seems persuasive to compare sanctions with military force or with general inactivity on the international plane. However, it is important to scrutinise carefully this favourable approach to sanctions on its own merits. Do sanctions conform to standards and values embodied in international law, in particular humanitarian values? What are the main underlying considerations which advocate or refute them? Who is actually responsible for improving a situation found not to conform to certain international law standards?

Should International humanitarian law be Reafffirmed, Clarified or Developed?
Jean-Philippe Lavoyer
Israel Yearbook on Human Rights
Volume 34, 2004 p.35

Unlawful confinement as a war crime: the jurisprudence of the Yugoslav Tribunal and the common core of international humanitarian law applicable to contemporary armed conflicts
Joanna Dingwall
Journal of Conflict and Security Law
Volume 9, Number 2, Summer 2004 p.133-179

Anne Orford, Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law , Cambridge, Cambridge University Press, 2003, ISBN 052180464, 243 pp Simon Chesterman, Just War or Just Peace? Humanitarian Intervention and International Law , Oxford, Oxford University Press, 2001, ISBN 0199243379, 295 pp
Nicholas Tsagourias
Leiden Journal of International Law
Volume 17, Number 3, September 2004 p.642-644

Author: international

Mentioned in these Entries

Common law, International Humanitarian Law, International humanitarian law, International humanitarian law, Rule of law, Treaties.