Introduction
International humanitarian law is a branch of law of nations or international law which is known as law of armed conflict or law of war. International Humanitarian Law seeks to mitigate the effects of war, limits the use of means and methods of war and obliges the belligerence to spare person who do not or no longer participate in hostile action (Hans-peter Gasser, ICRC: 2001). But the recent scenario of International humanitarian law and nature of recent conflicts, to the multiplication of non-state actors are taking a direct part in armed conflict, and also to new means or methods of warfare like cyber war, drone attack, nuclear weapons. Especially after the commencement of unlawful armed interventions in Afghanistan in 2001
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This study is based on secondary data taken from websites newspapers, magazines, journals, research paper and articles. Apart from these, some information were also congregated from publications of concerned research organizations like IUCN National Red Cross and Red Crescent Society.
IHL and its Jurisprudential Meaning:
According to ICRC, International humanitarian law (IHL) is a set of rules that seek for humanitarian reasons to limit the effects of armed conflict. IHL protects persons who are not or who are no longer participating in hostilities and it restricts the means and methods of warfare. On the other hand, International Humanitarian Law applicable in armed conflicts” means international rules, established by treaties or customs, which are specifically intended to solve humanitarian problems that arise directly from international or non international armed
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Basic principles of IHL is that it attempt to control the wars as much as possible to minimize the suffering of the civilian population. International humanitarian Law reflects this constant balance between the military necessity from the state of war and the needs for humanitarian protection.
According to Additional protocol-I of Geneva Convention, Humanitarian Law protects persons and property affected or liable to be affected by the conflict and Restrict the right of the parties to a conflict to use the means -in particular weapons- and methods of warfare – such as military tactics- of their choice,the principle of distinction between civilians and combatants, the principle of proportionality, the principle of precaution in attack, military necessity, prohibition of means and methods.( Articles,48, 51(5),52, 57 of Additional protocol-I)
International Humanitarian Law stands on three jurisprudential principles which are the foundation of IHL, i.e namely the principles of humanity, impartiality and neutrality.
The Dilemma of IHL
Inhuman acts have been occurring in the world since humans have been on the earth. Due to this fact we needed to have some rules to war. We all know war is brutal and hard on not only the people who are fighting but also the people who are strictly caught in the crossfire. We as a united world saw that some of the things that were happening were not ok even during the height of war. This is why the united nations created the Geneva Conventions and have continued to ratify them throughout time.
Rules: With regard to international armed conflicts, the four Geneva Conventions (GC I to IV) and Additional Protocol I and II contain various provisions specifically dealing with both of Prisoners of War, Civilians protection to prevent any kind of violations that may happen toward them. The Forth Geneva convention relative to the Protection of Civilian Persons in Time of War has set rules governing the issue of civilians who found themselves under enemy’s possession. Article 5 of the 4th GC has identified who are protected persons with putting conditions to be considered as protected with the privileges of having the statue of protected persons at article 27 of the same convention. Third Geneva Convention in particular has recognized group of rights with regarded to POWs such as the right to be humanely treated at article 13, correspondence at article 71, the right to gain a sufficient food in quantity and quality at article 26 and the right to not be subjected to torture and question at article 17 where every prisoner of war “when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information” Moreover, the use of weapons and means that have indiscriminate effects such as poisonous gas and bombs which also would aggravate the suffering recognized as prohibited to use due to the amount of damage it causes upon civilians as well as the environment
Legal studies assessment 1. The name of the case is Webb v Edwards [2018] NSWDC 67 - The parties involved in this case are: - Tony Webb (Plaintiff) - Lyndon John Edwards (Defendant)
In the UNSC’s article 51, individual and collective self-defense can be authorized by the UNSC under the framework of collective security. However, genocide is never justifiable in the eyes of the UN. Perhaps the most distinguishing feature between war and genocide is the disproportionally ability of those involved to fight back. Within war there is a certain level of understanding that those engaging in the conflict will have an ability to engage in battle. However, historically in genocides the effected groups have had little to no ability to proportionately fight against their attackers.
This is why programs such as Kilachand Honors College are important, because interdisciplinary education brings in new ideas, connecting lessons learned from different areas of knowledge. This leads to a greater
These Pillars are developed to ensure that States do not cause harm to their own citizens and cause these four specified crimes and violations: Genocide, War crimes, Ethnic cleansing and Crimes against humanity. However, if it becomes clear that a State is failing its
Before the Geneva Conventions created the rules of war, which are guidelines that countries should abide by during conflict, parties would partake in incredible immoral acts upon their enemies and civilians. One example of this type of action, is the US carpet bombings in the Vietnam War.
After all, the law which is inseparable from the justice is understandable as civilized communication and background for nonviolent conflict solving process. On the other hand, the war is also the way to solve conflicts, but in a different way, using the suffering and the price of life. Apparently, because everyone understands that war is extreme and unacceptable social situation, States and international society are trying to find its reasoning or justification. “The just war tradition, and the international law which follows it, is thus a middle-ground moral tradition trying to regulate armed force in a way which is fair, reasonable, and mindful of consequences.”
Protect civilians in armed conflict, including through UN peacekeepers;3. End impunity through judicial action in national and international courts;4. Gather information and set up an early-warning system; and5. Take swift and decisive action, including military action.” (UN).
One of the United States’ preferred methods of military intervention in the Middle East, particularly in Afghanistan and Pakistan, is the use of airstrikes to assassinate members of al-Qaeda and the Taliban. This is controversial, not only because it is condemned by the UN as violating international law, but because it has resulted in the deaths of hundreds of unarmed civilians, including American citizens. The continuation of aerial attacks without a declaration of war, the lack of consent of the countries in which these military operations take place, and insufficient planning is a practice which jeopardizes any ties we have with these countries. Thus, the United States needs to cease drone strikes and manned aerial strikes until the United States has the consent of the Afghani and
1.0 Introduction 1.1 Background of the Issue This report is written to find out the pros and cons of cosmetic surgery to people as well as how much cosmetic surgery has benefited people both positively and negatively. Cosmetic surgery procedures have been performed back in the early 1800s, which means it has been in existence for centuries as what history has suggested. Besides that, the development of cosmetic surgery states that it started to gain popularity since the 1970s and 1980s. Cosmetic surgery can be defined as the operative procedure as improvement of appearance is the principal purpose (Medical Dictionary for the Dental Professions, 2012).
Amnesty International Amnesty International is a non-governmental organisation focused on achieving human rights while still respecting international law as well as respecting everyone involved. The stated objective of the organisation is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated.’’ Amnesty draws attention to human rights abuses and campaigns for compliance with international laws and standards. Amnesty tries to achieve human rights through attracting the attention of the public and getting the involved. Amnesty evolves Amnesty has managed to take human rights from being insignificant to being the headlines internationally.
On the legal grounds, the act of humanitarian intervention is still debatable, On the one hand, there was a responsibility to limit the use of force to self-defense according to the UN Charter. On the other hand, there was strong international pressure to abide by commitments to human rights and the right to life. This has constitute tensions in an international law system, Humanitarian intervention as the justifiable act to intervene while it is contrary to the principle of sovereignty and nonintervention in the UN system and international law. An evolving international norms related to human rights and the use of force.
Introduction In this article, Eric Poser has elaborated several reasons which made human rights a failure in international legal regime. The most highlighted issues are hypocrite policies of US and EU which has directly questioned credibility and integrity of their law and justice. The second reason is role played by Russia and China, the two major economic powers who in order to sustain their power, are involved in human rights violations. The third most important reason is standardized model of Universal Declaration of Human Rights which is ideal but not practical in various countries.
The weakness of international law becomes evident when we compare it with municipal law. The greatest shortcoming of international law is that it is not enforceable and it lacks effective legislative machinery. International court of justice lacks compulsory jurisdiction. The sanctions and the enforcement machinery of the international law are so weak. International law cannot be invoked to settle a dispute which is essentially a domestic matter of that state.