Yearbook of International Humanitarian Law最新文献_第4页

PROTECT RESPONSIBLY: THE AFRICAN UNION'S IMPLEMENTATION OF ARTICLE 4(H) INTERVENTION 负责任地保护:非洲联盟实施第4(h)条干预

Yearbook of International Humanitarian Law Pub Date : 2008-12-01 DOI: 10.1017/S1389135908000512

Dan Kuwali

{"title":"PROTECT RESPONSIBLY: THE AFRICAN UNION'S IMPLEMENTATION OF ARTICLE 4(H) INTERVENTION","authors":"Dan Kuwali","doi":"10.1017/S1389135908000512","DOIUrl":"https://doi.org/10.1017/S1389135908000512","url":null,"abstract":"The concept of ‘the responsibility to protect’ (R2P) was endorsed at the 2005 World Summit by the UN General Assembly. This concept, like the right to intervene under Article 4(h) of the Constitutive Act of the African Union , aims to end mass atrocity crimes in the form of war crimes, genocide and crimes against humanity. Yet the question that remains is: what if the UN Security Council is unwilling or unable to act? Further, there is a continuing unanswered question: ‘should action to prevent large-scale killing in an African country be beholden to a Security Council that has no permanent African membership?’ The High-level Panel indicated that in some urgent situations UN Security Council authorization may be sought after operations have commenced, whereas the World Summit Outcome rejected demands that states or organizations such as the African Union (AU) should be able to act before gaining UN authorization. These are the principal issues addressed in this analysis, which discusses how the AU can implement the right to intervene under Article 4(h) against the background of the prohibition of the use of force regime under the UN Charter. The analysis explores the current thinking of the AU and the international community on the key question of how to proceed in cases where the UN Security Council is deadlocked in using force to prevent mass atrocity crimes. The discussion highlights the intention of the framers of the AU Act vis-a-vis the practice of the Security Council in authorizing enforcement action as well as views of various commentators in this regard.","PeriodicalId":163810,"journal":{"name":"Yearbook of International Humanitarian Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131630796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA AND THE PROGRESS OF THE ‘KHMER ROUGE TRIALS’ 柬埔寨法庭的特别分庭和“红色高棉审判”的进展

Yearbook of International Humanitarian Law Pub Date : 2008-12-01 DOI: 10.1017/S1389135908003735

Nina H. B. Jørgensen

{"title":"THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA AND THE PROGRESS OF THE ‘KHMER ROUGE TRIALS’","authors":"Nina H. B. Jørgensen","doi":"10.1017/S1389135908003735","DOIUrl":"https://doi.org/10.1017/S1389135908003735","url":null,"abstract":"The world has witnessed many atrocities since the followers of the Communist Party of Kampuchea, better known as the Khmer Rouge, marched into Phnom Penh on 17 April 1975 and unleashed a regime of terror of more than three and a half years on the Cambodian people in which an estimated quarter of the population perished. However, the fate that befell this small South-East Asian nation continues to grip and challenge the imagination. Perhaps it is the notion of the State turning on its own people on such an unprecedented scale that is so difficult to fathom. Perhaps it is the tranquil, smiling populace, forging a space in the modern era against the proud backdrop of the ancient Angkorian temples that makes such a dark recent history so improbable. Or perhaps it is the scales of justice, finally weighing in, more than thirty years after the crimes in defiance of donor countries' ‘tribunal fatigue’, that have refocused the world's attention. The Khmer Rouge takeover had been preceded by a struggle for power which saw Prince Norodom Sihanouk, who had abdicated and governed Cambodia since independence in 1953, overthrown by Prime Minister Lon Nol and Prince Sisowath Sirik Matak on 17 March 1970. The new government was allied to the United States in the Vietnam War, fuelling Khmer Rouge resentment as well as that of Sihanouk who aligned himself with the communists. The Khmer Rouge gradually consolidated its power and control of territory, and when the time was seen to be ripe to institute the planned nationwide ‘agrarian dictatorship’, it easily overpowered the weak and corrupt Lon Nol government.","PeriodicalId":163810,"journal":{"name":"Yearbook of International Humanitarian Law","volume":"160 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115794109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

MISTREATMENT OF THE WOUNDED, SICK AND SHIPWRECKED BY THE ICRC STUDY ON CUSTOMARY INTERNATIONAL HUMANITARIAN LAW 红十字国际委员会关于习惯国际人道主义法的研究报告对伤者、病者和遇船难者的虐待

Yearbook of International Humanitarian Law Pub Date : 2008-12-01 DOI: 10.1017/S138913590800175X

J. P. Benoit

引用次数: 4

THE STATUS OF PEACE OPERATION PERSONNEL UNDER INTERNATIONAL HUMANITARIAN LAW 维持和平行动人员在国际人道主义法下的地位

Yearbook of International Humanitarian Law Pub Date : 2008-12-01 DOI: 10.1017/S1389135908001098

Ola Engdahl

{"title":"THE STATUS OF PEACE OPERATION PERSONNEL UNDER INTERNATIONAL HUMANITARIAN LAW","authors":"Ola Engdahl","doi":"10.1017/S1389135908001098","DOIUrl":"https://doi.org/10.1017/S1389135908001098","url":null,"abstract":"Current peace operations often include an element of enforcement. Such operations are based upon Chapter VII of the United Nations Charter and are regularly endowed with a right to use ‘all necessary measures’ to fulfil the tasks set down in the particular mandate from the UN Security Council. Such operations, moreover, are often deployed in unstable conditions that border on armed conflict, or in areas of existing conflict. At times, the military forces involved in these operations are also involved in the armed conflict itself. The utilization of military force naturally raises the question of the legal status of personnel in peace operations under international humanitarian law (IHL). They represent the international community and as such are protected personnel. But how should they be treated from the perspective of IHL? Should they, despite their obvious military characteristics, be regarded as civilians? At what point, if any, could they be regarded as combatants? On the issue of change of status under IHL, does the same threshold apply for the operation's military forces as for other military personnel? Does the involvement of peace forces in an armed conflict, made up of contributions from a number of States, automatically cause that conflict to assume an international nature? Are the Convention on the Safety of United Nations and Associated Personnel and IHL, applicable in non-international armed conflicts, mutually exclusive? These dilemmas are well illustrated by the difficulties facing the International Security and Assistance Force (ISAF) in Afghanistan.","PeriodicalId":163810,"journal":{"name":"Yearbook of International Humanitarian Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122285683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

THE USE OF WHITE PHOSPHORUS AND THE LAW OF WAR 白磷的使用和战争法

Yearbook of International Humanitarian Law Pub Date : 2007-12-01 DOI: 10.1017/S138913590700075X

I. Macleod, A. Rogers

{"title":"THE USE OF WHITE PHOSPHORUS AND THE LAW OF WAR","authors":"I. Macleod, A. Rogers","doi":"10.1017/S138913590700075X","DOIUrl":"https://doi.org/10.1017/S138913590700075X","url":null,"abstract":"The controversy surrounding recent uses of white phosphorus (WP) to ‘flush-out’ suspected insurgents or in attacks against military targets in open ground has led to a renewed media interest in the legal status of WP-based munitions. An inherent public dislike for weapons that cause death or injury by fire is very natural, so one is entitled to ask whether humanity should not prevail when it comes to anti-personnel uses of such weapons. In the absence of a specific treaty dealing with the use of WP, this article, written jointly by a retired military lawyer and a scientist interested in the law, examines the use of such weapons in practice as well as the relevant legal and scientific background before attempting to reach conclusions about their legality. This involves a consideration of the reasons for the development of WP-based munitions, of their usual military uses and of some unconventional uses of such weapons. There follows an examination of the basic principles of customary international law as well as the treaty provisions dealing with incendiary weapons. Furthermore, because of the various harmful physiological interactions of WP, it was necessary to look closely at the legal provisions on poison, gas and chemical weapons. That demanded an interpretation of multiple aspects of the Chemical Weapons Convention before the legal status of WP could be fully determined. The convention is constructed in such a way that what at first sight appears to be a chemical weapon may not be as a matter of law unless it is consciously applied in a prohibited manner.","PeriodicalId":163810,"journal":{"name":"Yearbook of International Humanitarian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127406737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

THE ‘LONG YEAR’: EMERGING INTERNATIONAL EFFORTS TO ADDRESS THE HUMANITARIAN IMPACTS OF CLUSTER MUNITIONS, 2006-2007 “漫长的一年”:2006-2007年解决集束弹药人道主义影响的新国际努力

Yearbook of International Humanitarian Law Pub Date : 2007-12-01 DOI: 10.1017/S1389135907002516

John Borrie

引用次数: 1

THE LAW OF OCCUPATION REVISITED: THE BEGINNING OF AN OCCUPATION 重新审视职业法则:职业的开始

Yearbook of International Humanitarian Law Pub Date : 2007-12-01 DOI: 10.1017/S1389135907000992

M. Zwanenburg

引用次数: 11

HUMANITARIAN LAW AND LITERATURE: FROM UTOPIA TO SLAUGHTERHOUSE-FIVE 人道法与文学:从乌托邦到第五屠宰场

Yearbook of International Humanitarian Law Pub Date : 2007-12-01 DOI: 10.1017/S1389135907000037

O. Bring

引用次数: 1

THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW: CURRENT AND INHERENT CHALLENGES 国际人道主义法的执行:当前和内在的挑战

Yearbook of International Humanitarian Law Pub Date : 2007-12-01 DOI: 10.1017/S1389135907000451

M. Sassóli

引用次数: 30

IMPLEMENTING INTERNATIONAL LAW: A QUALIFIED DEFENSE OF THE AL DUJAIL TRIAL 执行国际法:为杜贾勒审判辩护

Yearbook of International Humanitarian Law Pub Date : 2006-12-01 DOI: 10.1017/S1389135906001176

M. Newton

引用次数: 2