Archivo de Etiquetas: Additional Protocol

The Military Law and the Law of War Review Volume 59 – Issue 1: (June 2021) Online ISSN 2732-5520, Print ISSN 1370-6209 @JournalHRE Founded in 1962 under the auspices of the International Society for Military Law and the Law of War (the “Society”), the Military Law and the Law of …

Prolonged Occupation or Illegal Occupant?   An unresolved question in international humanitarian law is whether an occupying power – whose authority as occupant may have initially been lawful – can cross a bright red line into illegality because it is acting contrary to the fundamental tenets of international law dealing …

Active Hostilities and International Law Limits to Trump’s Executive Order on Guantanamo In his State of the Union speech on January 30, 2018, U.S. President Donald Trump announced his signing of a new executive order aimed at keeping open the U.S. detention facility at Guantanamo Bay, Cuba, as well as …

Understanding the Use of Zones and the Concept of Proportionality: Enduring Lessons from the Falklands War On 2 April 1982 Argentina invaded the Falkland Islands (alternatively, the Islas Malvinas). The resulting conflict lasted 74 days and claimed the lives of 255 UK military personnel and 652 Argentine servicemen. The conflict …

Military force against Syria would be a reprisal rather than humanitarian intervention, but that doesn’t make it any more lawful Dr Shane Darcy is a lecturer at the Irish Centre for Human Rights, National University of Ireland Galway. The anticipated use of military force against Syria in reaction to the …

Iran’s (Non-)Compliance with its Non-Proliferation Obligations Revisited A recent statement issued by the EU entitled ‘Common messages regarding EU sanctions against the Iranian nuclear programme’, posted on the websites of various EU embassies in Tehran (and translated into Farsi), attempts to sum up the reasons which have allegedly justified not …

ICC Delivers Its First Judgment: The Lubanga Case and Classification of Conflicts in Situations of Occupation On Wednesday, the International Criminal Court delivered its first ever judgment. The Trial Chamber in the Lubanga Case delivered a judgment of over 600 pages by which it convicted Thomas Lubanga of the war crime …

US Fourth ICCPR Report, IHRL and IHL The US Government recently submitted to the Human Rights Committee its fourth periodic report on its compliance with the ICCPR. On the issues near and dear to my heart – the extraterritorial application of the ICCPR and the relationship between IHRL and IHRL …

International Criminal Tribunal for Rwanda Tribunal penal international pour le Rwanda ORIGINAL: ENGLISH TRIAL CHAMBER I Before: Judge Erik M0se, Presiding Judge Asoka de Zoysa Gunawardana Judge Mehmet Guney Registry: Mr Adama Dieng Decision of: 7 June 2001 THE PROSECUTOR Versus IGNACE BAGILISHEMA ICTR-95-1A-T JUDGEMENT The Office of Prosecutor: Ms …

    CASE CONCERNING THE AUDITING OF ACCOUNTS BETWEEN THE KINGDOM OF THE NETHERLANDS AND THE FRENCH REPUBLIC PURSUANT TO THE ADDITIONAL PROTOCOL OF 25 SEPTEMBER 1991 TO THE CONVENTION ON THE PROTECTION OF THE RHINE AGAINST POLLUTION BY CHLORIDES OF 3 DECEMBER 1976 ARBITRAL AWARD OF 12 MARCH 2004 …

INTERNATIONAL COURT OE JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS CASE CONCERNING ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO (DEMOCRATIC REPUBLIC OF THE CONGO v. UGANDA) REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES ORDER OF 1 JULY 2000 Present: President GUILLAUME; Judges ODA, BEDJAOUI, RANJEVA, HERCZEGH, FI.EISCHHA.UER, KOROMA. …

INTERNATIONAL COURT OF JUSTICE REPORTS OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS CASE CONCERNING ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO (DEMOCRATIC REPUBLIC OF THE CONGO v. UGANDA) JUDGMENT OF 19 DECEMBER 2005 Situation in the Great Lakes region — Task of the Court. * Issue of consent. The DRC …