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The Relationship Between International Humanitarian Law and the International Criminal Tribunals Hortensia D
Volume 88 Number 861 March 2006 The relationship between international humanitarian law and the international criminal tribunals Hortensia D. T. Gutierrez Posse Hortensia D. T. Gutierrez Posse is Professor of Public International Law, University of Buenos Aires Abstract International humanitarian law is the branch of customary and treaty-based international positive law whose purposes are to limit the methods and means of warfare and to protect the victims of armed conflicts. Grave breaches of its rules constitute war crimes for which individuals may be held directly accountable and which it is up to sovereign states to prosecute. However, should a state not wish to, or not be in a position to, prosecute, the crimes can be tried by international criminal tribunals instituted by treaty or by binding decision of the United Nations Security Council. This brief description of the current legal and political situation reflects the state of the law at the dawn of the twenty-first century. It does not, however, describe the work of a single day or the fruit of a single endeavour. Quite the contrary, it is the outcome of the international community’s growing awareness, in the face of the horrors of war and the indescribable suffering inflicted on humanity throughout the ages, that there must be limits to violence and that those limits must be established by the law and those responsible punished so as to discourage future perpetrators from exceeding them. Short historical overview International humanitarian law has played a decisive role in this development, as both the laws and customs of war and the rules for the protection of victims fall 65 H. -
The Humanitarian Impact of Drones
THE HUMANITARIAN IMPACT OF DRONES The Humanitarian Impact of Drones 1 THE HUMANITARIAN IMPACT OF DRONES THE HUMANITARIAN IMPACT OF DRONES © 2017 Women’s International League for Peace and Freedom; International Contents Disarmament Institute, Pace University; Article 36. October 2017 The Humanitarian Impact of Drones 1st edition 160 pp 3 Preface Permission is granted for non-commercial reproduction, Cristof Heyns copying, distribution, and transmission of this publication or parts thereof so long as full credit is given to the 6 Introduction organisation and author; the text is not altered, Ray Acheson, Matthew Bolton, transformed, or built upon; and for any reuse or distribution, these terms are made clear to others. and Elizabeth Minor Edited by Ray Acheson, Matthew Bolton, Elizabeth Minor, and Allison Pytlak. Impacts Thank you to all authors for their contributions. 1. Humanitarian Harm This publication is supported in part by a grant from the 15 Foundation Open Society Institute in cooperation with the Jessica Purkiss and Jack Serle Human Rights Initiative of the Open Society Foundations. Cover photography: 24 Country case study: Yemen ©2017 Kristie L. Kulp Taha Yaseen 29 2. Environmental Harm Doug Weir and Elizabeth Minor 35 Country case study: Nigeria Joy Onyesoh 36 3. Psychological Harm Radidja Nemar 48 4. Harm to Global Peace and Security Chris Cole 58 Country case study: Djibouti Ray Acheson 64 Country case study: The Philippines Mitzi Austero and Alfredo Ferrariz Lubang 2 1 THE HUMANITARIAN IMPACT OF DRONES Preface Christof Heyns 68 5. Harm to Governmental It is not difficult to understand the appeal of Transparency Christof Heyns is Professor of Law at the armed drones to those engaged in war and other University of Pretoria. -
Overcoming Violence and Impunity: Human Rights Challenges in Honduras
OVERCOMING VIOLENCE AND IMPUNITY: HUMAN RIGHTS CHALLENGES IN HONDURAS Report of the Standing Committee on Foreign Affairs and International Development Dean Allison Chair Subcommittee on International Human Rights Scott Reid Chair MARCH 2015 41st PARLIAMENT, SECOND SESSION Published under the authority of the Speaker of the House of Commons SPEAKER’S PERMISSION Reproduction of the proceedings of the House of Commons and its Committees, in whole or in part and in any medium, is hereby permitted provided that the reproduction is accurate and is not presented as official. This permission does not extend to reproduction, distribution or use for commercial purpose of financial gain. Reproduction or use outside this permission or without authorization may be treated as copyright infringement in accordance with the Copyright Act. Authorization may be obtained on written application to the Office of the Speaker of the House of Commons. Reproduction in accordance with this permission does not constitute publication under the authority of the House of Commons. The absolute privilege that applies to the proceedings of the House of Commons does not extend to these permitted reproductions. Where a reproduction includes briefs to a Standing Committee of the House of Commons, authorization for reproduction may be required from the authors in accordance with the Copyright Act. Nothing in this permission abrogates or derogates from the privileges, powers, immunities and rights of the House of Commons and its Committees. For greater certainty, this permission does not affect the prohibition against impeaching or questioning the proceedings of the House of Commons in courts or otherwise. The House of Commons retains the right and privilege to find users in contempt of Parliament if a reproduction or use is not in accordance with this permission. -
Mapping Accountability Efforts in Syria
MAPPING ACCOUNTABILITY EFFORTS IN SYRIA Prepared by the Public International Law & Policy Group February 2013 PILPG Syria Transitional Justice Mapping Evaluation, February 2013 TABLE OF CONTENTS Statement of Purpose 1 Introduction 1 Background on the Syrian Conflict 2 Methodology 4 Legal Framework for Transitional Justice in Syria 5 Syria’s International Legal Obligations 5 International Criminal Law 5 International Humanitarian Law 10 International Human Rights Law 15 Syria’s Domestic Legal Framework 16 The Syrian Penal Code 16 Amnesties in Transitional Justice 18 Amnesties Issued by the Syrian Government 19 Structure of the Syrian Judicial System 22 Supreme Judicial Council 23 Syrian Court Structure 23 Judicial Independence 26 The Transitional Justice Evidence Documentation Process 27 TJE Collection 28 TJE Compilation 28 Facilitation and Training 29 Other Activities 29 TJE Collection in Syria 30 Syrian Groups and Organizations 30 Civil Society Organizations 30 News Agencies 31 International Organizations 31 Intergovernmental Organizations and Bodies 31 Governmental Initiatives 32 Non-governmental Organizations 32 PILPG Syria Transitional Justice Mapping Evaluation, February 2013 News Agencies 33 Needs and Challenges for TJE Documentation Efforts in Syria 33 Deteriorating Security Situation in Syria 34 Coordinating Efforts 35 Lack of Comprehensive International Legal Approach 36 Inconsistent Verification Standards 37 Reaching All Affected Areas and Populations 37 Rape and Sexual Violence 38 Unbiased Documentation of Violations by All -
Impunity and the Rule of Law Combating Impunity and Strengthening Accountability, the Rule of Law and Democratic Society
Impunity and the rule of law Combating impunity and strengthening accountability, the rule of law and democratic society Background Through the adoption of the Declaration of the High-level Meeting on the Rule of Law at the National and International Levels on 24 September 2012, all Member States reaffirmed their commitment to the purposes and principles of the Charter of the United Nations, international law and justice and an international order based on the rule of law. The Declaration stressed that these are indispensable foundations for a more peaceful, prosperous and just world and emphasized the interlinked and mutually reinforcing nature of human rights, the rule of law and democracy. Events around the world in 2012-2013 provided stark reminders of how the absence of the rule of law can lead to violations of civil, political, economic, social and cultural rights, as well as to oppressive rule and conflict. Tragic developments in the Central African Republic, Mali and the Syrian Arab Republic, in particular, highlighted the fundamental importance of human rights protection, including through the promotion, preservation of and respect for the rule of law. They also demonstrated the essential need for UN engagement to strengthen the effective protection of human rights and the rule of law. Democratic societies founded on the rule of law and strong, accountable institutions, as well as transparent and inclusive decision-making processes, are more likely to provide effective protection of human rights. Impunity allows gross human rights violations to thrive. It undermines the fabric of societies and prevents the development of sustainable peace and reconciliation. -
Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2. -
Egypt: National Council for Human Rights
Egypt: National Council for Human Rights Egypt’s national human rights institution before the Global Alliance of NHRIs Alkarama Foundation – 7 January 2018 Alkarama Foundation – 150 route de Ferney, C.P. 2100 CH – 1211 Genève 2 – Switzerland +41 22 734 10 06 – 7 +41 22 734 10 34 – [email protected] – www.alkarama.org 1. Table of content 1. Table of content ..................................................................................................................... 2 2. Introduction and background .................................................................................................. 3 2.1 Background of the NHRI’s review .................................................................................... 3 2.2 Political developments .................................................................................................... 3 3. NHRC’s Constitutional and legislative legal basis ....................................................................... 5 3.1 Constitutional provisions ................................................................................................. 5 3.2 . Legislative provisions .................................................................................................... 6 4. Mandate and attributions of the NHRC ..................................................................................... 7 4.1 Commenting and providing opinions on national legislation ............................................... 9 4.2 Information and education in human rights ................................................................... -
U4 Helpdesk Answer
U4 Helpdesk Answer U4 Helpdesk Answer 2020 2 October 2020 AUTHOR Definitions of grand Jorum Duri (TI) corruption [email protected] There is no universally agreed definition of grand corruption. REVIEWED BY Instead, many general definitions have been developed over the Sofie Arjon Schuette (U4) years and they cover different elements of what they consider as [email protected] grand corruption. Nonetheless, there is some consensus on elements such as i) misuse or abuse of high-level power; ii) large Gillian Dell and Matthew Jenkins (TI) scale and/or large sums of money, (iii) harmful consequences. The [email protected] definitions have also been useful to differentiate grand corruption from other forms of corruption, such as petty corruption. With high-level corruption scandals usually remaining unpunished, there have been increased efforts to establish a legal definition of RELATED U4 MATERIAL grand corruption, as a first step towards the empowerment of national and international authorities with better legal tools to Anti-corruption basics: What is pursue corrupt high-level officials and to end impunity. corruption? An international anti-corruption court? A synopsis of the debate Helpdesk Answers are tailor-made research briefings compiled in ten working days. The U4 Helpdesk is a free research service run in collaboration with Transparency International. Query Please provide an overview of the most widely accepted definitions of “grand” corruption, and if there are any relevant advantages/disadvantages of the definitions. What other definitions (where possible, legal definitions) of corruption exist that might enable policymakers to distinguish between grand and petty corruption? Contents MAIN POINTS — Some general definitions of grand 1. -
United States of America: the Issue of Extrajudicial Killings in Yemen
United States of America: The issue of extrajudicial killings in Yemen Report submitted to the Human Rights Committee in the context of the review of the fourth periodic report of the United States of America 30 August 2013 Alkarama – 2bis Chemin des Vignes – 1209 Geneva – Switzerland +41 22 734 10 06 – F +41 22 734 10 34 - Email: [email protected] – Url: www.alkarama.org About Alkarama Alkarama is a registered Swiss foundation headquartered in Geneva, established in 2004 by volunteer human rights lawyers and defenders. It works on human rights violations in the Arab world with offices and representatives in Lebanon (Beirut), Qatar (Doha), Cairo (Egypt) and Yemen (Sana’a). Its work focuses on four priority areas: extra-judicial executions, disappearances, torture and arbitrary detention. Related activities include protecting human rights defenders and ensuring the independence of judges and lawyers. Alkarama engages with the United Nations (UN) human rights mechanisms. It has submitted thousands of cases and urgent appeals to the Special Procedures of the UN, the Special Rapporteur on Torture, the High Commissioner for Human Rights and various UN human rights treaty bodies. Additionally, Alkarama has submitted numerous reports on the human rights situation in the Arab states reviewed under the Universal Periodic Review, and to the UN Special Procedures and human rights treaty bodies. Basing its work on principles of international human rights law and humanitarian law, Alkarama uses UN human rights mechanisms on behalf of victims of human rights violations and their families. It works constructively with sovereign states, the Office of the High Commissioner for Human Rights and national human rights institutions, as well as victims’ lawyers and human rights defenders. -
Ending Impunity: How International Criminal Law Can Put Tyrants on Trial Geoffrey Robertson
Cornell International Law Journal Volume 38 Article 1 Issue 3 2005 Ending Impunity: How International Criminal Law Can Put Tyrants on Trial Geoffrey Robertson Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Robertson, Geoffrey (2005) "Ending Impunity: How International Criminal Law Can Put Tyrants on Trial," Cornell International Law Journal: Vol. 38: Iss. 3, Article 1. Available at: http://scholarship.law.cornell.edu/cilj/vol38/iss3/1 This Comment is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Ending Impunity: How International Criminal Law Can Put Tyrants on Trial Geoffrey Robertson QCt Introduction ..................................................... 649 I. Sovereign Immunity: Before Nuremberg ................... 650 II. N urem berg ............................................... 654 III. After Nurem berg ......................................... 656 IV. The ICJ Decision in D.R.C. v. Belgium .................... 657 V. The Concurring Minority in D.R.C ........................ 661 VI. The Pinochet Precedent .................................. 662 VII. The Present Rule ......................................... 665 VIII. Curial Competence ....................................... 667 IX. The Iraqi Special Tribunal ................................ 668 C onclusion ...................................................... 670 Introduction How far has international law come, in what our forebears, back in 1649, called "the great business" of denying impunity to tyrants accused of mass murdering their own people? Slobodan Milogevit sits in a dock in The Hague; he has been strutting and fretting his time on this televised stage since his trial began-as long ago as February 2002. -
Saudi Arabia
Saudi Arabia For the last nine years, citizens of the Kingdom of Saudi Arabia have increasingly called for modernization, democratization, and the renewal of religious discourse to pave the way for the necessary institutional, constitutional, and legislative reforms to end discrimination against women and the Shiite minority. Rights activists have boldly established independent human rights organizations despite the official authorities’ hostile stance towards independent civil society. The authorities’ response to these calls has changed according to different levels of international pressure for reform following the terrorist attacks of September 2001. At times the government has shown a degree of tolerance, while at other times it has severely repressed reform advocates and independent human rights activists. King Abdullah’s assumption of power in August 2005 raised expectations of possible reform given his discourse, which focuses on four issues closely linked to human rights: women’s rights, freedom of expression, a fair judicial system, and religious tolerance. The king’s reformist discourse has allowed a broader margin for differences of opinion and permitted the emergence of voices critical of government policies, provided the critique does not extend to the king or the ruling family or encroach on Islam, religious institutions, or clerics. Nevertheless, the king’s discourse is not matched by sufficient political will and has been met with resistance by extremely conservative factions inside the ruling family, the security (291) -
Ending Impunity the Case for War Crimes Trials in Liberia
Florida International University College of Law eCollections Faculty Publications Faculty Scholarship 2005 Ending Impunity The Case for War Crimes Trials in Liberia Charles Chernor Jalloh Florida International University College of Law, [email protected] Alhagi Marong United Nations International Criminal Tribunal Follow this and additional works at: https://ecollections.law.fiu.edu/faculty_publications Part of the Criminal Law Commons, and the International Law Commons Recommended Citation Charles Chernor Jalloh and Alhagi Marong, Ending Impunity The Case for War Crimes Trials in Liberia , 1 Afr. J. Legal Stud. 53 (2005). Available at: https://ecollections.law.fiu.edu/faculty_publications/243 This Article is brought to you for free and open access by the Faculty Scholarship at eCollections. It has been accepted for inclusion in Faculty Publications by an authorized administrator of eCollections. For more information, please contact [email protected]. +(,121/,1( Citation: 1 Afr. J. Legal Stud. 53 2004-2005 Provided by: FIU College of Law Content downloaded/printed from HeinOnline Wed Sep 21 15:33:35 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information AFRICAN JOURNAL cOF LEGAL STUDIES. Ending Impunity: The Case for War Crimes Trials in Liberia Chernor Jalloht and Alhagi Marongtt ............... Ab stract This article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course offourteen years of brutal conflict.