International humanitarian law Part 7

 

THE UN BASIC PRINCIPLES AND GUIDELINES ON THE RIGHT TO A REMEDY AND REPARATION: A LANDMARK OR WINDOW-DRESSING? AN ANALYSIS WITH SPECIAL ATTENTION TO TI-IE SITUATION OF INDIGENOUS PEOPLES
Ellen Desmet
South African Journal on Human Rights
Volume 24, Part 1, 2008 p.71

The growing international responsiveness to the rights of victims materialised in 2005 in the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for the Victims of Gross Violations of International human rights law and Serious Violations of International humanitarian law (BPGs). Their analysis leads to a nuanced conclusion. On the one hand, the BPGs significantly contribute to strengthening victims’ rights, as they adopt a victim-oriented perspective and provide a structured enunciation of their rights. They may inspire the African human rights system and national states in the development of their jurisprudence and policy on remedies. On the other hand, the expert text has been substantially weakened during the intergovernmental consultations. In some aspects, the BPGs even fall short of their intention to uphold international standards. Looking at the instrument through indigenous peoples’ eyes unveils some specific deficiencies. Particularly regrettable is the reluctance of states to incorporate provisions concerning collective rights, whereas it is essential for indigenous peoples to he able to file a collective claim and receive reparation collectively the challenges for the future he first, in the implementation of the BPGs within national legal systems and second, in a further strengthening of the international norms on victims’ rights, preferably by working towards a binding convention on the rights of victims of all human rights violations.

The Handbook of International humanitarian law (2nd edn)
Jeannine Drohla
European Journal of International law
Volume 20, Number 1, February 2009 p.233-235

PRACTICAL CHALLENGES OF IMPLEMENTING THE COMPLEMENTARITY BETWEEN INTERNATIONAL HUMANITARIAN AND HUMAN RIGHTS LAW-DEMONSTRATED BY THE PROCEDURAL REGULATION OF INTERNMENT IN NON-INTERNATIONAL ARMED CONFLICT
Laura M. Olson
Case Western Reserve Journal of International Law
Volume 40, Number 3, 2009 p.437

The relationship between International Humanitarian Law and human rights law from the perspective of a human rights treaty body
Françoise J. Hampson
International Review of the Red Cross
Volume 90, Number 871, September 2008 p.549-572

The relationship between international humanitarian and human rights law where it matters: admissible killing and internment of fighters in non-international armed conflicts
Marco Sassà²li and Laura M. Olson
International Review of the Red Cross
Volume 90, Number 871, September 2008 p.599-627

National implementation of International Humanitarian Law – July-December 2007
International Review of the Red Cross
Volume 90, Number 871, September 2008 p.777-794

National implementation of International humanitarian law – January-June 2008
International Review of the Red Cross
Volume 90, Number 871, September 2008 p.795-806

International humanitarian law
Treasa Dunworth
New Zealand Yearbook of International Law
Volume 5, 2007-2008 p.208

I. INTERNATIONAL HUMANITARIAN LAW
Israel Yearbook on Human Rights
Volume 38, 2008

Human Shields in International Humanitarian Law
Michael N. Schmitt
Israel Yearbook on Human Rights
Volume 38, 2008 p.17

Customary International Humanitarian Law – A Response to US Comments
Jean-Marie Henckaerts
Israel Yearbook on Human Rights
Volume 38, 2008 p.251

Lex Lata or Lex Ferenda? Rule 45 of the ICRC Study on Customary International Humanitarian Law
Major J. Jeremy Marsh
Military Law Review
Volume 198, Winter 2008 p.116

Voluntary Human Shields, Direct Participation in Hostilities and the International Humanitarian Law Obligations of States
Rewi Lyall
Melbourne Journal of International Law
Volume 9, Number 2, October 2008 p.313

Rules and Standards in the Application of International Humanitarian Law
Amichai Cohen
Israel Law Review
Volume 41, Numbers 1 & 2, 2008 p.41

Searching for Law While Seeking Justice: The Difficulties of Enforcing International Humanitarian Law in International Criminal Trials
Benjamin Perrin
Ottawa Law Review
Volume 39, Number 2, 2007-2008 p.367

The European Court of Human Rights’ Incidental Application of International Criminal Law and Humanitarian Law: A Critical Discussion of Kononov v. Latvia
Giulia Pinzauti
Journal of International Criminal Justice
Volume 6, Number 5, November 2008 p.1043-1060

 

Author: international

Mentioned in these Entries

International Humanitarian Law, International humanitarian law Part 7, International humanitarian law, International humanitarian law.