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International Humanitarian Law - Science topic

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The International Criminal Court (ICC) has jurisdiction over the international crimes committed in the Palestinian territories because Palestine, unlike Israel, is a state party to the ICC and had previously asked the ICC to investigate the situation. That mandate now extends to current crimes as well.
On the other side Hamas' killing and taking civilians , raping and or later killing some of them then parading their naked bodies and still keeping hostages was a serious violation of International Humanitarian Law (IHL).
Human laws can and should be applied only to those in society who behave like humans. You cannot apply human laws to humans who depict savage, ruthless behavior similar to wild beasts.
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Yes, both Israel and Hamas are obligated to abide by the law of war, also known as international humanitarian law. This includes respecting the principles of distinction, proportionality, and precaution in the conduct of military operations. Violations of these laws can lead to potential war crimes charges.
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  • Does normative legal philosophy also have a potential critical function vis-à-vis existing, empirically provable injustice where the injustice is not so much promoted or brought about by discriminatory laws, incorrect court rulings or actions contrary to human rights in the sense of an ideology, but rather by legislative and political laissez-faire or even omission (cf. e.g. mediterranean migrant crisis, anthropogenic climate change or pandemics)? From my point of view, this should be the case (but where is it explicitly stated and conceptually discussed?).
  • Which concepts from the field of normative legal philosophy/ legal ethics could be used to transparently and rationally criticise such state and supranational omissions from a normative perspective? Should new concepts of legal ethics be developed, can existing concepts be adapted? Who are the primary addressees? From my point of view, the minimum connection between law, serving as the basis of state action, and justice, which can be assessed against Radbruch's formula, enables a normative evaluation of state and supranational omissions, but also provides the contours for corresponding (political) duties to act.
What is your opinion regarding these issues?
Some legal philosophical approaches to these questions can be found in my paper "Extreme Wrong Committed by National and Supranational Inactivity: Analyzing the Mediterranean Migrant Crisis and Climate Change from a Legal Philosophical Perspective", Göttingen 2021.
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I believe legal theory is a tremendous force in the identification of those gaps in legislation. I see legislators all over the planet engaged in the erosion of democratic processes because they are trapped into their own epistemological limitations. Fundamental rights are more than ever under siege, and to move forward into producing a legal theory that identifies the limitations of what has been done so far is badly needed. The functional disconnect between the mandates of international law and national realities is blastering.
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Hello
I am a master's student and I'm searching for a current debate in the field of international humanitarian law or international criminal law.
Is there somebody who can help me with this?
All suggestions are more than welcome.
Kind regards
Lisa
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The extent to which the rules of the penal code are consistent with the rules of international humanitarian law
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In what ways or field do you see the ICC´s Contribution to Development of International Humanitarian Law?
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ICC is an adjudicating authority of international crime. It conduct criminal justice administration on international crime and tried the offenders who violate the international criminal law or who commit international crime.In this area ICC is contributing in upholding humanitarian law by bringing the international criminal to justice and try them.
However, ICC is not a authority to develop humaniterian law like UN, though it is a organ of the UN. This is Clearly describe in the Rome Statute which established the ICC.
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Hi
Can anyone please provide me few published PhD publications on cyber warfare and International Humanitarian Law .
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IHL is an interesting area to research on. Unfortunately Im yet to find any.
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Has the present/existing law of international armed conflict been really effective in mitigating the sufferings caused by war?
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I dont think so, as it is not binding.
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Lil bit confused about the Role of IGOs towards a specific issue, especially when it's overlapping with the member states' interest and agenda.  For instance: the Role of UNHCR towards refugees Crisis.Here, basically UNHCR is following the UN convention, however UNHCR seems not playing its role due to member states' own interests. So, it seems like UNHCR does not have a role here, right? Many thanks
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UNHCR is mandated to look after refugees wherever they are, that has to be in coordination with the particular state in which they are. The U.N. is the overall umbrella under which UNHCR functions, moreover the UN informs the activities of UNHCR and renders it legitimate. Currently in Sudan UNHCR could not function to cater for South Sudanese refugees when and only when Sudan as a member state of the U.N. consented and accepted to offer South Sudanese the status of refuge. The U.N. is not directly involved, however UNHCR is one of it`s specialized agencies.
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I am actually in the process of preparing a research paper with the purpose of identifying the factors that cause decisions for or against humanitarian interventions, using Syria as an example. Thanks for your advice! Peter
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Dear Peter,
I have found a number of research papers and literature on your topic:
Sterio M THE APPLICABILITY OF THE HUMANITARIAN INTERVENTION “EXCEPTION” TO THE MIDDLE EASTERN REFUGEE CRISIS: WHY THE INTERNATIONAL COMMUNITY SHOULD INTERVENE AGAINST ISIS. https://www.suffolk.edu/documents/LawJournals/sterio.pdf
Murray RW & McKay A Into the Eleventh Hour: R2P, Syria and Humanitarianism
Aarts JAH 2015. Saving the Libyans and skipping the Syrians, what’s the deal with that? A comparative study of international community responses to Arab Spring violence in Libya and Syria from the outbreak of conflicts until the end of 2013. Leiden University, the Netherlands. https://openaccess.leidenuniv.nl/bitstream/handle/1887/32871/Masters%20thesis%20Jeroen%20Aarts.pdf?sequence=1
Aybet G 2015. TURKEY PAPERS - TRANSATLANTIC SECURITY, NATO AND TURKEY. Woodrow Wilson International Center for Scholars. https://www.wilsoncenter.org/sites/default/files/gulnuraybetfinal.pdf
United Nations Development Programme, 2015. THE SYRIAN CRISIS
Working Paper - April 2014 Tracking and Tackling IMPACTS ON SUSTAINABLE HUMAN DEVELOPMENT IN NEIGHBORING COUNTRIES: Insights from Lebanon and Jordan. The Regional Bureau for Arab States. http://www.arabstates.undp.org/content/dam/rbas/doc/SyriaResponse/SyrianCrisis_ImpactonJordanandLebanonApril2014.pdf
Australian National University 2015. Bulletin: The Arab World, Iran and the Major Powers: Transitions and Challenges Conference. Centre for Arab & Islamic Studies (The Middle East & Central Asia). http://cais.anu.edu.au/sites/default/files/CAIS%20Bulletin%20Vol%2021%20No%201%202014%20Final.pdf
Aly AMS & Feldman S 2015. Middle East Briefs. Crown Cer for Middle East Studies. Brandeis University. http://www.brandeis.edu/crown/publications/meb_index.html
Arai T 2015. Syria, Lebanon, and the Middle East: Enabling a War-to-Peace Transition. Trans Media Service. https://www.transcend.org/tms/2015/03/syria-lebanon-and-the-middle-east-enabling-a-war-to-peace-transition/
I hope these are relevant to your paper.
James
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I am looking at the role and contribution of international courts in promoting and ensuring inter-state and intra-state peace.
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By prism of European Regional Human Rights institutions, exactly, the role of European Court of Human Rights is undisputable. As modern scholars would argue this institution is the primary victim of its success. ECtHR really shaped the whole pan-European human rights discourse and construed the monolith body which ensured the respect to the core ideas in any constitutional democracy - human rights and its effective implementation. There are many interpretational tools in the legal arsenal of the court, to my perception, the European Consensus doctrine is substantial to understand the very essence of the whole system. It primarily connected long-term maintenance of peace in the whole region across 47 COE member states.
Please find very interesting newest book regarding this topic published by Cambridge University Press recently, European Consensus and the Legitimacy of the European Court of Human Rights Kanstantsin Dzehtsiarou CUP 2015.
I hope and truly believe that this impressive scholarship will help you additionally, to ensure your scientific goals and aims.
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I am undertaking a PhD with Oxford Brookes University at the moment looking at success factors and influences on leadership in international humanitarian and development organisations in South Asia, particularly Pakistan, India and Sri Lanka.
For this I intend to carry out an electronic survey, and had hoped to get access to some kind of up to date country list of all the leaders of these kinds of organisations.
By 'leaders', I mean: Country Directors, CEOs, Chief of Party's, Senior Programme Directors, Resident Representatives, Principal or Chief Advisors, etc - the bigshots.
By 'these kind of organisations', I mean: INGOs (i.e. Oxfam, World Vision, Care, Tearfund, MSF etc etc), bi-laterals (i.e. SDP, GIZ etc.), philanthropic organisations and foundations (i.e. Clinton, Gates, Agha Khan etc.) multi-laterals (UN agencies, ICRC - excuse the possibly politically incorrect labelling there!), and even the well-known Consultancy firms in the sector (i.e. GOPA, GFA, Crown Agents, Adam Smith, Chemonics, Coffey, etc.) and others that I would not know where to place, i.e. DAI, MSI, PSI...
But I have come up against a brick wall, and not able to either identify a forum where these kinds of lists exist (used to be able to call in at OCHA for this kind of thing), or have found certain forums i.e. the Humanitarian Forum in Pakistan, which lists the INGOs (but not the others) but has a privacy policy that will not allow access to contact details of the leaders to non-members.
This means I need to rethink my approach strategy, and where possible target direct email addresses of leaders that I can get access to, but also place my electronic survey of perhaps a afew platforms and then request administrators of relevant forums to ask their members to access these in this way.
And for the above reasons and being a bit stumped, I have decided to seek research assistance here. Could you can shed some light, offer ideas, connect me to the people that might provide the type of access I need, or link me to updated email address lists, or even platforms that might assist in me successfully carrying out my research?
As mentioned, specific geo-focus is Sri Lanka, India and Pakistan, and only IHDOs as per the above types...
My time frame is to get the survey 'out there' early April if possible... and whatever assistance you could provide will be really appreciated.
Kind regards,
Adi
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Hello Susi
Thanks for your interest. Whilst i shall be asking whether and to what extent academic qualifications contribute to the success of leadership, I am not asking what qualifications leaders actually have. I trialed this in my first pilot survey, and found, in relation to the outcomes that this was not a pertinent question to ask. 
Current feedback on my second pilot also suggests so far that qualifications are only partly important...
Sorry not to be of more use, and best regards,
Adi
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Curious about whether the Trans-Pacific Partnership agreement could become null and void if it is contrary to a peremptory norm of international law, that is if transparency of negotiations is a norm of jus cogens.
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I completely agree with Frank. In this particular case, surely better for citizens' pressure groups all over Europe to combine to exert pressure on governments to provide information about the drafts and their negotiating positions while it's in progress, rather than attempt futile arguments about invalidity after the event. Perhaps this is an opportunity to create a new and better precedent for the future? It's rare for there to be so much public opposition to a treaty under negotiation.
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The role of ICRC in the time of war
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You are welcome Elina. Glad to know someone with similar interests.
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I am interested in a publication that would tackle this topic. I am especially interested in finding out to what extent could drones be (in the future) used legally by non-state actors against states for targeted killing, following the legal justification the US puts forward.
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Your question inspired one from me. Not sure how to link to it, but I am puzzled by the focus on drones. I cannot, myself, see any difference between use of drones from manned aircraft or even ground personnel. I would think the justification for use would be that of war--by which I mean the commonly understood meaning of war--which is a concerted attack that is ongoing. The "War on Terror," for example (except, perhaps, on the day of 9-11-01, itself), would not be the kind of "war" for which military action in the U.S. by the U.S. would be constitutionally permissible.