Development Of Humanitarian Law Research Articles

PREVENTION OF DISPLACEMENT DURING ARMED CONFLICT UNDER THE ISLAMIC LAW

The spate at which armed conflicts occur in different parts of the world is worrisome. It is so disturbing that many of these conflicts are purportedly carried out by extremists to perpetrate criminality in the disguise of jihād thereby giving a negative imputation to Islam. One obvious effect of these conflicts is displacement at its alarming rate. It has thus brought about confusion in the eyes of many advocates of human rights and many experts in the field of humanitarian law on the position of Islamic Law on the prevention of displacement. Upon sampling opinions on the position of Islamic law with respect of the humanitarian affairs of people, this study discovered that many people in the field of humanitarian law do not appreciate that there exists humanitarian law under Islamic law even before the development of humanitarian law under conventional international law. In view of that, this paper sets to clear many of the misconceptions accorded to jihād under Islamic law regarding displacement. This discourse shall demonstrate how displacement is controlled and managed under Islamic law. This will exhibit the approach of Islamic law to humanitarian affairs of people and clear misconceptions that it has no provision for humanitarian affairs because of the existence of jihād that purportedly leads to humanitarian problems across the world.

A brief history of the International Review of the Red Cross

The International Review of the Red Cross has gone through many evolutions since it was first published in October 1869. All told, it has had sixteen editors-in-chief from diverse professional backgrounds, as well as many managing editors, thematic editors, editorial assistants and others, all working to support the production, promotion and distribution of the journal. It is now the oldest publication devoted to international humanitarian law (IHL), policy and action. Its collection represents a precious resource on the history of the International Committee of the Red Cross (ICRC) and the International Red Cross and Red Crescent Movement (the Movement), and on the development of humanitarian law and action at large. The Review continues to contribute significantly to these fields, so it is worthwhile to look back at the journal's role in the past to see how it has evolved and reflect on where it is now, and where it may go in the future.

Investment Arbitration and the Law of Countermeasures

The right of the State to breach its international obligations to induce another State to implement its obligations under law of State responsibility seems to be the antithesis of the ultimately depoliticised investor's right to take the host State to treaty arbitration. This contribution argues that even though in factual terms the exercise of the State's rights to protect investors has somewhat faded in contemporary international law due to investment arbitration, in legal terms these rights are still very much existent. The interplay of the law of countermeasures and investment arbitration will be considered in four steps, sketching the broader context (II), analysing the home State's rights to take countermeasures to induce the host State to comply with its obligations under investment protection law in non-ICSID arbitrations (III) and ICSID arbitrations (IV), and considering the host State's rights to take countermeasures to preclude the wrongfulness of breach of its obligations under investment protection law (V). The presentation will concentrate on the last issue, considering whether in light of the 2001 ILC Articles on State Responsibility the right to take countermeasures could be considered to be excluded by investment protection law or simply could not be exercised in a manner so as to affect investment protection law. Taking into account the substantively and procedurally decentralised investment protection law, it seems more likely that countermeasures are not generally excluded. An argument in favour of treating investment protection rules as not affected by countermeasures could be presented in a number of ways, inter alia relying on parallel developments in humanitarian law, the substantive perspective of human rights and the nature of human rights obligations, but the most plausible explanation would rely on the nature of the investor's rights as being akin to third party rights and thus remaining unaffected by countermeasures against its home State.

Investment Arbitration and the Law of Countermeasures

The right of the State to breach its international obligations to induce another State to implement its obligations under law of State responsibility seems to be the antithesis of the ultimately depoliticised investor's right to take the host State to treaty arbitration. This contribution argues that even though in factual terms the exercise of the State's rights to protect investors has somewhat faded in contemporary international law due to investment arbitration, in legal terms these rights are still very much existent. The interplay of the law of countermeasures and investment arbitration will be considered in four steps, sketching the broader context (II), analysing the home State's rights to take countermeasures to induce the host State to comply with its obligations under investment protection law in non-ICSID arbitrations (III) and ICSID arbitrations (IV), and considering the host State's rights to take countermeasures to preclude the wrongfulness of breach of its obligations under investment protection law (V). The presentation will concentrate on the last issue, considering whether in light of the 2001 ILC Articles on State Responsibility the right to take countermeasures could be considered to be excluded by investment protection law or simply could not be exercised in a manner so as to affect investment protection law. Taking into account the substantively and procedurally decentralised investment protection law, it seems more likely that countermeasures are not generally excluded. An argument in favour of treating investment protection rules as not affected by countermeasures could be presented in a number of ways, inter alia relying on parallel developments in humanitarian law, the substantive perspective of human rights and the nature of human rights obligations, but the most plausible explanation would rely on the nature of the investor's rights as being akin to third party rights and thus remaining unaffected by countermeasures against its home State.

The formation of international humanitarian law

To mark his seventieth birthday, Jean Pictet, Honorary Vice-President of the ICRC, gave a lecture at the University of Geneva on 16 November 1984 entitled “The formation of international humanitarian law”.A remarkable summary of the development of humanitarian law in the twentieth century, it concludes with remarks which go well beyond the original subject. They express his thoughts about the difficult relationships between humanitarian imperatives and military and political necessities and between idealism and pragmatism; reference is also made to everyone's responsibility to disseminate and apply a law which stems not only from humanity but also from common sense.

New Developments in Humanitarian Law: A Challenge to the Concept of Sovereignty

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New Structure for ICRC Medical Division

The ICRC has reorganized its Medical Division.Under the Chief Medical Officer, Dr. R. Käser, medical function is increasingly prominent in the work of the International Committee. The Chief Medical Officer has, first of all, to examine all problems of a medical and paramedical nature and to deal with them in the light of ICRC's thought and of its humanitarian mandate, to follow and to promote the development of humanitarian law and its dissemination in the field of health services, then to take all practical measures required by the medical aspects of the ICRC's traditional duties of protection and assistance.

Diplomatic Conference: On the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts

The thirty-third plenary meeting under the presidency of Mr. Pierre Graber, Federal Councillor and Head of the Federal Political Department, denoted the end of the third session of the Diplomatic Conference on the Reaffirmation and Development of Humanitarian Law in Geneva on 11 June 1976.

Guerrilla Warfare and Humanitarian Law

The Henry Dunant Institute is currently publishing a book in French only under the titleGuérilla et droit humanitairein its “Collection scientifique.” The author is Mr. Michel Veuthey, an ICRC collaborator, who, since 1967, has taken part in the work of reaffirmation and development of humanitarian law. Mr. J. Pictet, Vice-President of the ICRC, associate professor at the University of Geneva and director of the Institut Henry Dunant, introduces the book with the following preface:At last we have a complete work on guerrilla warfare, thus fulfilling a real need. Anyone who wishes to study the subject in detail should have a copy of this book.

Development of Humanitarian Law in the Medico-Military Field

Development of Humanitarian Law in the Medico-Military Field

ICRC Publications

A Catalogue of Publications (1864–1975) has just been issued by the ICRC. This is a 40-page booklet listing titles of publications issued by the ICRC in the course of over a hundred years and which are not out of print; a number of works printed by other publishers have also been included. Titles are classified under the following headings: History of the Red Cross—Principles—Organization—Development of Humanitarian Law—Dissemination of the Conventions—General Information—ICRC Activities. Most of the titles listed have been issued in English, French and Spanish and some of them in other languages, mainly Arabic and German.

Conferences for the Development of Humanitarian Law — Main Subjects

Notwithstanding the volume reached by the Geneva Conventions in 1949, they do not cover the whole field of human misfortunes. It is now more than twenty years since they were drafted. Moreover, although Geneva Law was developed in detail in 1949, The Hague Law, on the contrary, which deals more with the regulation of hostilities and of the utilization of weapons, goes back to 1907, when bomber aircraft had not yet come into existence.

Development of Humanitarian Law

Development of Humanitarian Law

A new Stage in the Development of Humanitarian Law

A new Stage in the Development of Humanitarian Law

Penitential discipline and Public Wars in the Middle Ages: A Mediaeval Contribution to the development of humanitarian law

An exposé of the nature of the penitentials would take us far into the long history of penance in the Eastern and Western Churches of Christendom and, in particular, to the supersession of public by private penance. In spite of the efforts of many scholars the steps in this process are still far from clear. All that can be said here is that the system of private penance depicted in the penitentials appears in the North West corner of Christendom at a time when public penance was virtually obsolete throughout the rest of Christendom.