International Humanitarian Law - Science topic

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.

The extent to which the rules of the penal code are consistent with the rules of international humanitarian law

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.

IHL is an interesting area to research on. Unfortunately Im yet to find any.

I dont think so, as it is not binding.

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.

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

in Crisis. E International Relations. http://www.e-ir.info/wp-content/uploads/R2P-Syria-and-Humanitarianism-in-Crisis-E-IR.pdf

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

Security Council Report 2015. Research Report: The Veto. http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/research_report_3_the_veto_2015.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

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.

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

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.

You are welcome Elina. Glad to know someone with similar interests.

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.