International Humanitarian Law Part 19

International humanitarian law Part 19

 

316

INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF International humanitarian law COMMITTED THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1991 – Ninth Annual Report
Hague Yearbook of International Law
Volume 15, 2002 p.179

LAW JOURNAL / LAW REVIEW

317

Neighbours as human shields? The Israel Defense Forces’ “Early Warning Procedure”and International Humanitarian Law
ROLAND OTTO
International Review of the Red Cross
Volume 86, Number 856, December 2004

LAW JOURNAL / LAW REVIEW

318

On the relationship between human rights law protection and international humanitarian taw
HANS-JOACHIM HEINTZE
International Review of the Red Cross
Volume 86, Number 856, December 2004

LAW JOURNAL / LAW REVIEW

319

Legality of amnesties in International Humanitarian Law . The Lomé Amnesty Decision of the Special Court for Sierra Leone
SIMON M. MEISENBERG
International Review of the Red Cross
Volume 86, Number 856, December 2004

LAW JOURNAL / LAW REVIEW

320

ANNE ORFORD, READING HUMANITARIAN INTERVENTION: HUMAN RIGHTS AND THE USE OF FORCE IN INTERNATIONAL LAW
Lisa Danish
Buffalo Human Rights Law Review
Volume 10, 2004

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321

[Articles] The Exception as the Rule: Lawmaking on Force and Human Rights by the UN Security Council
Osterdahl, I.
Journal of Conflict and Security Law
Volume 10, Number 1, Spring 2005

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When the UN Security Council began authorising humanitarian interventions, its decisions were circumscribed by references to the unique and exceptional character of every situation dealt with. From the point of view of lawmaking, whether the Security Council claims that every situation is unique is of no significance as long as there is a consistent practice to the contrary. Even though the practice may in many respects be labelled ‘ad-hocish’, this article argues that there exists nevertheless a repeated if not consistent practice on the part of the Security Council on humanitarian intervention. The practice of the Security Council outweighs the words of the Council aiming to circumscribe the legal effects of its action. The immediate legal effect of the authorisations to use force to protect human rights relates to the mandate of the Security Council under the UN Charter. Indirectly, the practice of the Security Council on humanitarian intervention may also have an impact on general international law on the use of force. Perhaps, the repeated practice of the Security Council has paved the way for unilateral action in cases where the Council still cannot agree. All the decisions of the Security Council on humanitarian intervention are gone through in the article, which finds that in time the scrupulous circumscription of the authorisations to use force to protect human rights has disappeared from the resolutions of the Security Council. Then it becomes even easier to argue that the practice of the Security Council, although still ‘ad-hocish’, does make law.

322

[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

LAW JOURNAL / LAW REVIEW

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.

323

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

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Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Humanitarian Law, International humanitarian law, International humanitarian law.


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