Titlebook: Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies; International and Do Derek Jinks,Jackson N. Maogoto,Solon So

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Applicability Test of Additional Protocol II and Common Article 3 for Crimes in Internal Armed Confl the Geneva Conventions or Article 1(4) of Additional Protocol I or non-international under Common Article 3 of the Geneva Conventions and/or Article 1 of Additional Protocol II. Depending on their qualifications, different rules apply.

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International Humanitarian Law in the Maritime Context: Conflict Characterization in Judicial and Queast to the nineteenth century. The invocation of this body of law is frequent and is applied in highly calibrated ways by numerous States, particularly in recent times and especially by those States possessing ‘blue water’ Navies. Notwithstanding this considerable practice, international Judicial b

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Domestic Humanitarian Law: Developing the Law of War in Domestic Courts of difficult questions related to international humanitarian law (‘IHL’). Yet for structural and political reasons, the international community has not attempted to craft a new treaty to regulate these armed conflicts, and state practice is not yet sufficiently robust to crystallize new rules of cu

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Beyond Life and Limb: Exploring Incidental Mental Harm Under International Humanitarian Lawlittle attention has been given to the meaning of the concept of civilian harm. This chapter seeks to contribute to the understanding of harm by exploring, in a preliminary manner, an uncharted question: the issue incidental mental harm under the proportionality principle of .. The chapter asks firs

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Armed Conflict and the Inter-American Human Rights System: Application or Interpretation of Internat may give rise not only to the application of human rights law, but also of international humanitarian law. International humanitarian law has been incorporated into the jurisprudence of the IASHR in two primary means: first, through direct application of the law of war and the subsequent holding th

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The European Court of Human Right’s Engagement with International Humanitarian Lawes with international humanitarian law (“IHL”). The chapter briefly outlines the nature of the interaction between human rights and humanitarian law, including a discussion of the leading cases from the International Court of Justice and the concept of .. From that point, the chapter works to assess

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The Interaction Between Domestic Law and International Humanitarian Law at the Extraordinary Chamber that took place in Cambodia during the Khmer Rouge regime. After a survey of the events that characterised one of the most despicable periods of human rights and humanitarian law violations, the discussion will focus on the particular nature of the Chambers, as they constitute a hybrid tribunal rat

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Applying the Laws of Armed Conflict in Swiss Courtse (CrimPC), which is now uniformly applicable at both federal and cantonal level, Switzerland has equipped itself with more efficient tools for the implementation of the Laws of Armed Conflict (LOAC) and the fight against impunity for their violations. At the same time, the Swiss juridical world has