96 results on '"Fourth Geneva Convention"'
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2. Concomitant Prohibitions: Collective Punishment as the Origin of Other Violations of the Rights of Civilians under Belligerent Occupation.
- Author
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Serralvo, Jose
- Subjects
MILITARY occupation ,PUNISHMENT ,HUMANITARIAN law ,INTERNATIONAL law ,RIGHTS - Abstract
International humanitarian law (IHL) categorically prohibits all types of collective punishment. However, neither treaty nor customary sources provide a clear definition of what should be deemed a collective punishment. Given this lack of clarity, it is no surprise that little attention has been paid to the way in which resorting to different forms of collective punishment during a belligerent occupation might lead to additional violations of international law, including IHL and international human rights law (IHRL). This article explores the notion of collective punishment under the law of occupation and connects it with other relevant rules of international law. Based on this analysis, and using the Occupied Palestinian Territory as a case study, the article argues that violating the prohibition of collective punishment in a situation of belligerent occupation in all likelihood will trigger the breach of other concomitant rules of IHL and IHRL, thus shedding light on the scope of the prohibition contained in Article 33 of the Fourth Geneva Convention. [ABSTRACT FROM AUTHOR]
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- 2022
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3. On Humanitarian Law and the U.S. Double Standard.
- Author
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Talhami, Ghada Hashem
- Subjects
- *
DOUBLE standard , *HUMAN rights organizations , *AERIAL bombing , *HUMANITARIAN law , *DRONE warfare , *PRINCES - Abstract
U.S. criticism of its client/ally Saudi Arabia regarding the killing of journalist Jamal Khashoggi immediately diminished the kingdom's ability to secure funds for its latest mega development project, the Neom convention center. U.S. intelligence pinned the crime on aides to Crown Prince Muhammad Bin Salman (MBS). At the same time, a seemingly unauthorized operation, later attributed to former president Donald Trump, killed a top Iranian commander, Qasem Suleimani, by a drone strike. Congress was not involved and the UN protested this as a violation of Article 51 of its Charter, emphasizing that this was justified in a case of imminent threat, undertaken only by a state. Encouraged by drone technology, the U.S. found it easy to locate the target and minimize collateral damage. International lawyers and military experts are still debating the legitimacy of such action. The U.S. is persisting in claiming that it upholds the standards of international humanitarian law which sometimes sanctions targeted killing. A number of international law professors continue to deride U.S. action as illegal, while the latter continues to describe its actions as defensive in nature. Organizations such as Human Rights Watch lament the reluctance of previous U.S. presidents to define targeted killing. [ABSTRACT FROM AUTHOR]
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- 2022
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4. Unlawful Presence of Protected Persons in Occupied Territory? An Analysis of Israel’s Permit Regime and Expulsions from the West Bank under the Law of Occupation
- Author
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Margalit, Alon, Hibbin, Sarah, Schmitt, M.N., editor, Arimatsu, Louise, editor, and McCormack, T., editor
- Published
- 2011
- Full Text
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5. Роль приватних військових компаній у воєнних конфліктах
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Globalization ,World economy ,State (polity) ,Political science ,media_common.quotation_subject ,Fourth Geneva Convention ,Military security ,Context (language use) ,Public administration ,Geneva Conventions ,International humanitarian law ,media_common - Abstract
Численні публікації розкривають окремі аспекти створення та діяльності приватних військових компаній, користування їх послугами різними державами та міжнародними організаціями. Також відмічається, що останнім часом кількість, чисельність та оснащеність цих компаній значно зросла, роль у воєнних конфліктах у різних регіонах світу набуває подекуди вирішального характеру. Ретроспективний аналіз діяльності приватних військових компаній, їх класифікація і роль у сучасних воєнних конфліктах є актуальним завданням з точки зору забезпечення воєнної безпеки України. В умовах подальшої глобалізації світової економіки роль приватних військових організацій в майбутніх війнах і збройних конфліктах буде зростати. 2. На відміну від традиційних інститутів армії і поліції, дії яких регламентуються як міжнародним, так і національним законодавством, законодавчих рамок діяльності ПВК на міжнародному та національному (за винятком США і ПАР) рівні в даний час не існує. Женевські конвенції не є перешкодою для західних ПВК навіть при використанні цими організаціями своїх контрактантів у відкритих боях. До тих пір, поки співробітники ПВК не є частиною збройних сил сторін конфлікту і не беруть безпосередню участь у військових діях, вони повинні розглядатися як цивільні особи і користуватися захистом Міжнародного гуманітарного права (МГП). У разі безпосередньої участі в збройному конфлікті Контрактанти втрачають право на захист і можуть бути піддані нападу, а при попаданні в полон їм не належить статус військовополонених, але надається весь комплекс захисту відповідно до Четвертої Женевської конвенції. Залучення приватних комерційних структур до забезпечення і, нерідко, ведення бойових дій, а також виникнення власних армій у великих міжнародних корпораціях, тісне переплетення в зоні конфлікту інтересів державних та недержавних суб’єктів істотно змінює образ сучасної війни, що необхідно враховувати військово-політичному керівництву в військовому будівництві.
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- 2021
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6. Territorial Control by Armed Groups and the Regulation of Access to Humanitarian Assistance.
- Author
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Gal, Tom
- Subjects
HUMANITARIAN assistance ,GENEVA Convention (1949) ,WAR (International law) ,LAW - Abstract
Humanitarian assistance is essential for the survival of the civilian population and people hors de combat in the theatre of war. Its regulation under the laws of armed conflict tries to achieve a balance between humanitarian goals and state sovereignty. This balance, reflected in the provisions of the 1949 Geneva Conventions and their Additional Protocols, is not as relevant to contemporary armed conflicts, most of which involve non-state armed groups. Even those provisions relating to humanitarian assistance in conflicts involving non-state armed groups fail to address properly the key features of these groups, and especially their territorial aspect. This article proposes a different approach, which takes into consideration and gives weight to the control exercised by non-state armed groups over a given territory. Accordingly, it is suggested that provisions regulating humanitarian relief operations in occupied territories should apply to territories controlled by armed groups. This approach views international humanitarian law first and foremost as an effective, realistic and practical branch of law. Moreover, it has tremendous humanitarian advantages and reflects the aims and purposes of the law, while considering the factual framework of these conflicts. [ABSTRACT FROM PUBLISHER]
- Published
- 2017
- Full Text
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7. From Jerusalem to the Rest of the West Bank: Israel's Strategies of Annexation
- Author
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Raja Shehadeh
- Subjects
Cultural Studies ,History ,Sociology and Political Science ,Jurisdiction ,Judaism ,05 social sciences ,0507 social and economic geography ,International law ,050701 cultural studies ,050601 international relations ,0506 political science ,Convention ,Political science ,Law ,Fourth Geneva Convention ,Nation state ,Annexation ,Settlement (litigation) - Abstract
Since 1967, despite international legal restrictions, Israel has sought to annex Eastern Jerusalem. Fifty-one years later, it publicly declared in its Nation State Law: “Jerusalem, complete and united, is the capital of Israel.” In the West Bank, Israel initiated on the ground changes that furthered annexation without formally declaring any part of it as annexed. For decades, Al-Haq has documented the gradual encroachment of occupation by successive Israeli administrations. And yet the Palestinian leadership failed to successfully utilize the law to support its case. Nor could the 190 states, parties to the Fourth Geneva Convention, be convinced to enforce the provision in the Convention which bids the High Contracting Parties to “ensure respect for the present convention in all circumstances.” During the Oslo negotiations, Israel succeeded in leaving Jerusalem and the Jewish settlements outside of the jurisdiction of the Palestinian Authority. Given these patterns across nearly a half-century of history, it seems likely that Israel will declare the full annexation of the West Bank in part or in its entirety precisely because it has succeeded in accomplishing this in the case of Jerusalem.
- Published
- 2019
- Full Text
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8. Between Outdated Morality and Evolutive Interpretation: The Concept of 'Honour' under Article 27(2) of the Fourth Geneva Convention
- Author
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Rachele Marconi
- Subjects
Value (ethics) ,History ,Sexual violence ,Polymers and Plastics ,media_common.quotation_subject ,Interpretation (philosophy) ,Morality ,Industrial and Manufacturing Engineering ,Honour ,Fourth Geneva Convention ,Sociology ,Meaning (existential) ,Business and International Management ,International humanitarian law ,media_common ,Law and economics - Abstract
This paper focuses on Article 27(2) of the Fourth Geneva Convention concerning the prohibition of sexual violence against women in armed conflict. One specific aspect of the norm is particularly controversial: the term “honour” as an allegedly obsolete concept related to an outdated view of female morality. This paper investigates whether the criticisms to the concept of honour have a merely symbolic-linguistic value or whether they also have a legal relevance in terms of impact on the effective protection of women from conflict-related sexual violence. To this end, interpreting the term “honour” in a gender-oriented way sheds light on the question whether the gendered limits of the norm may be overcome in order to better protect women from conflict-related sexual violence. Since sexual violence usually implies a gendered character, the analysis of Article 27(2) also contributes to reveal significant aspects on the conception of women under IHL in general. Ultimately, it is claimed that the term “honour” raises complex symbolic issues. However, the legal analysis of the concept suggests that it is possible to interpret it in an evolutive manner in so to give the term a meaning that accommodates gender-sensitive concerns.
- Published
- 2021
- Full Text
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9. Territorial Control by Armed Groups and the Regulation of Access to Humanitarian Assistance
- Author
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Tom Gal
- Subjects
050502 law ,Balance (metaphysics) ,021110 strategic, defence & security studies ,media_common.quotation_subject ,Survival of the fittest ,05 social sciences ,Control (management) ,0211 other engineering and technologies ,02 engineering and technology ,State (polity) ,Sovereignty ,Political science ,Fourth Geneva Convention ,Socioeconomics ,Law ,International humanitarian law ,Geneva Conventions ,0505 law ,media_common ,Law and economics - Abstract
Humanitarian assistance is essential for the survival of the civilian population and peoplehors de combatin the theatre of war. Its regulation under the laws of armed conflict tries to achieve a balance between humanitarian goals and state sovereignty. This balance, reflected in the provisions of the 1949 Geneva Conventions and their Additional Protocols, is not as relevant to contemporary armed conflicts, most of which involve non-state armed groups. Even those provisions relating to humanitarian assistance in conflicts involving non-state armed groups fail to address properly the key features of these groups, and especially their territorial aspect. This article proposes a different approach, which takes into consideration and gives weight to the control exercised by non-state armed groups over a given territory. Accordingly, it is suggested that provisions regulating humanitarian relief operations in occupied territories should apply to territories controlled by armed groups. This approach views international humanitarian law first and foremost as an effective, realistic and practical branch of law. Moreover, it has tremendous humanitarian advantages and reflects the aims and purposes of the law, while considering the factual framework of these conflicts.
- Published
- 2017
- Full Text
- View/download PDF
10. Unsettled: A Global Study Of Settlements In Occupied Territories
- Author
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Eugene Kontorovich
- Subjects
050502 law ,Customary international humanitarian law ,media_common.quotation_subject ,05 social sciences ,0507 social and economic geography ,International community ,Belligerent ,Context (language use) ,050701 cultural studies ,Politics ,Geography ,State (polity) ,Political science ,Law ,Fourth Geneva Convention ,Settlement (litigation) ,Geneva Conventions ,International humanitarian law ,0505 law ,media_common - Abstract
This Article provides the first comprehensive, global examination of state and international practice bearing on Article 49(6) of the Fourth Geneva Convention, which provides that an “Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” This provision is a staple of legal and diplomatic international discussions of the Arab-Israeli conflict, and serves as the basis for criticism of Israeli settlement policy. Despite its frequent invocation in the Israeli context, scholars have never examined – or even considered – how the norm has been interpreted and applied in any other occupation context in the post-WWII era. For example, the International Committee of the Red Cross’s (ICRC) influential Study on Customary International Humanitarian Law lists 107 instances of national practice and UN practice applying or interpreting the prohibition, and all but two relate to Israel. Many questions exist about the scope and application of Art. 49(6)’s prohibition on “transfer,” but they have generally been answered on purely theoretically. To better understand what Art. 49(6) does in fact demand, this Article closely examines its application in all other cases in which it could apply. Many of the settlement enterprises studied in this Article have never been discussed or documented. All of these situations involved the movement of settlers into the occupied territory, in numbers ranging from thousands to hundreds of thousands. Indeed, perhaps every prolonged occupation of contiguous habitable territory has resulted in significant settlement activity.Clear patterns emerge from this systematic study of state practice. Strikingly, the state practice paints a picture that is significantly inconsistent with the prior conventional wisdom concerning Art. 49(6). First, the migration of people into occupied territory is a near-ubiquitous feature of extended belligerent occupations. Second, no occupying power has ever taken any measures to discourage or prevent such settlement activity, nor has any occupying power ever expressed opinio juris suggesting that it is bound to do so. Third, and perhaps most strikingly, in none of these situations have the international community or international organizations described the migration of persons into the occupied territory as a violation of Art. 49(6). Even in the rare cases in which such policies have met with international criticism, it has not been in legal terms. This suggests that the level of direct state involvement in “transfer” required to constitute an Art. 49(6) violation may be significantly greater than previously thought. Finally, neither international political bodies nor the new governments of previously occupied territories have ever embraced the removal of illegally transferred civilian settlers as an appropriate remedy.The deeper understanding – based on a systematic survey of all available state practice – of the prohibition on settlements should inform legal discussions of the Arab-Israeli conflict, including potential investigations into such activity by the International Criminal Court. More broadly, the new understanding of Art. 49(6) developed here can also shed significant light on the proper treatment of several ongoing occupations, from Western Sahara and Northern Cyprus, to the Russian occupations of Ukraine and Georgia, whose settlement policies this Article is the first to document.
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- 2017
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11. ’Treaty after trauma’: 'protection for all' in the Fourth Geneva Convention
- Author
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Gilad Ben-Nun
- Subjects
Law ,Political science ,Fourth Geneva Convention ,Treaty - Published
- 2019
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12. Unearthing the Problematic Terrain of Prolonged Occupation
- Author
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Yutaka Arai-Takahashi
- Subjects
050502 law ,021110 strategic, defence & security studies ,Lieber Code ,media_common.quotation_subject ,05 social sciences ,0211 other engineering and technologies ,02 engineering and technology ,Power (social and political) ,Protocol I ,Negotiation ,Sovereignty ,Political science ,Law ,Premise ,Fourth Geneva Convention ,International humanitarian law ,0505 law ,media_common - Abstract
This article will explore thetravaux préparatoiresof the key legal instruments on the laws of war and international humanitarian law (IHL) with a view to obtaining crucial insight into the ‘original’ understandings of their drafters as to the provisional nature and the temporal length of occupation. The findings of thetravauxshow the general premise of the framers of the ‘classic’ instruments on the laws of war that the legal regime of occupation should be provisional. In the concurrent doctrinal discourses this premise was endorsed by most scholars. Examination of the records of the negotiations on the drafting of the Fourth Geneva Convention of 1949 reveals that even the proponents of ‘transformative occupation’ did not seem to envisage occupation that would endure for decades. Nevertheless, by the time the 1977 Additional Protocol I was drafted, several instances of protracted occupation already existed, which seems to have led to a decisive shift in the argumentative structure. There is no disputing the applicability of IHL to any occupied territory, irrespective of the length of the occupation. Yet the suggestion that nothing under IHL would forestall an occupying power from engaging in protracted occupation departs from the traditional premise that occupation ought to be provisional. This also seems to be paradoxical in historical perspectives.
- Published
- 2019
13. Syrian Youth in Za'atari Refugee Camp as ICT Wayfarers
- Author
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Eiad Yafi and Karen E. Fisher
- Subjects
business.industry ,Refugee ,Displaced person ,05 social sciences ,Exploratory research ,020207 software engineering ,02 engineering and technology ,Public relations ,16. Peace & justice ,Information and Communications Technology ,Fourth Geneva Convention ,0202 electrical engineering, electronic engineering, information engineering ,Information system ,0501 psychology and cognitive sciences ,Mobile technology ,Sociology ,business ,050107 human factors ,Storytelling - Abstract
We share insights from exploratory research with Syrian youth at the Za'atari Refugee Camp in Jordan about the role of information and mobile technology in their daily lives, and how they serve as information, communication and technology (ICT) wayfarers. Survey findings (n=174) show most youth own mobiles and SIM cards, and WhatsApp and Google are the most popular apps/engines. Design Workshop data contradicted youth survey self-reports of being heavy ICT users on behalf of others. Instead, narrative-drawings (n=50) created using LEGO Mini-Figures depicted situations involving primarily instrumental assistance, with fewer representations of informational, technological and emotional assistance, per Dervin's Sense-Making framework. Depicting mostly events in Syria, with several in Za'atari, the narrative-drawings reflect the youths' affinity for the forms of assistance outlined in the fourth Geneva Convention. The research informed longer workshops in the camp setting in accordance with the methodology's original aim to co-design ICT mediary devices that support the youths' mediary behavior, as represented by their narrative-drawings and survey data, and in support of UN Sustainable Development Goals.
- Published
- 2018
- Full Text
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14. When Do Terrorist Organisations Qualify as 'Parties to an Armed Conflict' Under International Humanitarian Law?
- Author
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Rogier Bartels and ACIL (FdR)
- Subjects
Protocol I ,Political science ,Common law ,Law ,Terrorism ,Fourth Geneva Convention ,Third Geneva Convention ,Belligerent ,General Medicine ,International humanitarian law ,Geneva Conventions - Abstract
International humanitarian law (IHL), also known as jus in bello or the law of armed conflict, applies during international or non-international armed conflict, and during such conflicts, it places certain obligations on, or gives rights to, "parties to the conflict". During international armed conflicts, for example, persons protected under the Fourth Geneva Convention of 1949 are defined as civilians "who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals", while those protected under the Third Geneva Convention, namely prisoners of war, have to be "[m]embers of the armed forces of a Party to the conflict" or of militia or volunteer corps "forming part of such armed forces [or] belonging to a Party to the conflict". It is further specified that the application of the 1949 Geneva Conventions and Additional Protocol I "shall not affect the legal status of the Parties to the conflict". In times of non-international armed conflict, "each Party to the conflict shall be bound to apply" the minimum rules contained in Article 3, common to the Geneva Conventions of 1949 (Common Article 3). In total, 194 provisions of the Geneva Conventions and their Additional Protocols refer to party or parties to the conflict. In fact, more than half of the provisions of Additional Protocol I contain such wording.Clearly, it is important to know therefore who can be regarded as a party to an armed conflict and when an entity becomes such a party. However, none of the relevant treaties contains a definition of the term, or any guidance as to what has to be understood as the concept "party to an armed conflict". The present contribution aims to shed some light on this notion. It is important to provide such clarification, because some States have a tendency to reject the idea that terrorist organisations or groups can be a party to an armed conflict and as such be subject to, but also benefit from, the rules of IHL. Yet, one must be mindful that "in today's reality, a terrorist organisation is likely to have considerable military capabilities." Indeed, "[a]t times they have military capabilities that exceed those of states."In discussing the personal scope of application of IHL, also known as ratione personae, the present article therefore analyses when (alleged) terrorist organisations can qualify as parties to a conflict. It does so by first defining the scope of the term "terrorist organisation" for the purposes of the present contribution, followed by a discussion of the possible parties to an international armed conflict, and subsequently, the requirements a terrorist organisation must fulfil to qualify as a party to a non-international armed conflict. The next section demonstrates that the inquiry whether terrorist organisations can constitute parties to armed conflicts is not merely a theoretical exercise, since convictions for terrorist acts in recent Belgian case law revolve around the question of whether alleged terrorist groups or networks are to be considered as fighting as parties to armed conflicts in, mainly, Syria, Iraq, and Turkey. Some critical comments are made on the said case law, before ending with concluding remarks.
- Published
- 2018
15. The Conference of High Contracting Parties to the Fourth Geneva Convention of 17 December 2014 and the duty to ensure respect for international humanitarian law
- Author
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Emilie Max, Oliver Hoehne, and Matthias Lanz
- Subjects
Sociology and Political Science ,General assembly ,Law ,media_common.quotation_subject ,Political science ,Fourth Geneva Convention ,Declaration ,Palestine ,Duty ,International humanitarian law ,Geneva Conventions ,media_common - Abstract
While international humanitarian law envisages the possibility of holding formal thematic discussions, only United Nations General Assembly resolutions prompted the depositary of the Geneva Conventions to consult the High Contracting Parties on the opportuneness of conflict-specific conferences. Recalling the precedents of 1999 and 2001 – convened on the basis of the support expressed by the States Parties during related consultations – this article focuses on the Conference of High Contracting Parties to the Fourth Geneva Convention of 17 December 2014, which is likewise related to the Israeli–Palestinian conflict. The result of the conference consists of a declaration reflecting the willingness of the States Parties to further implement Article 1 common to the four Geneva Conventions.
- Published
- 2014
- Full Text
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16. Clarity or ambiguity? The withdrawal clause of UN Security Council Resolution 242
- Author
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David McDowall
- Subjects
Virtue ,Sociology and Political Science ,media_common.quotation_subject ,International community ,Ambiguity ,Resolution (logic) ,law.invention ,Power (social and political) ,Convention ,law ,Political Science and International Relations ,Fourth Geneva Convention ,CLARITY ,Sociology ,media_common - Abstract
Today the international community seems at a loss as to how to transact peace between Israel and Palestine (and Syria). UN Security Council Resolution 242 of 1967 provides the principles for that peace. Yet there has always been a perceived ambiguity about its withdrawal clause. Diplomatic and UN records show clearly what the Security Council intended in Resolution 242. Nine of 15 members wanted total withdrawal, and the minority saw the virtue of small adjustments to the 1949 Armistice Line to accommodate Israel's demand for �secure and recognized� borders. Every Security Council member upheld the overarching principle, �the inadmissibility of the acquisition of territory by force.� Those who drafted Resolution 242 seem not to have checked that its terms were consonant with the Fourth Geneva Convention, even though they recognized the Convention applied. The Convention renders it illegal for those under occupation to agree terms with the Occupying Power which infringe the rights and protections of the Convention. Since the Convention remains in force until the end of occupation, no peace agreement which includes the adjustment of borders or ceding territory may be concluded until after a full withdrawal has taken place�a requirement fully consonant with Resolution 242's �inadmissibility� principle, and removing any doubt regarding the requirement for a full Israeli withdrawal. To comply with it themselves and to avoid misapprehension, Quartet members must tell Israel, Syria and Palestine that they cannot recognize a peace agreement which would violate the Convention's terms.
- Published
- 2014
- Full Text
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17. Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality
- Author
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Federica D’Alessandra
- Subjects
Palestine ,Human Rights ,media_common.quotation_subject ,Population ,Proportionality (law) ,Humanitarian Law ,Arab ,Principle of legality ,lcsh:Law of Europe ,Fourth Geneva Convention ,Sociology ,Israel ,Proportionality ,education ,Occupied Palestinian Territories ,media_common ,Occupation ,education.field_of_study ,International court ,Human rights ,lcsh:Law ,lcsh:KJ-KKZ ,Distinction ,Right to Life ,International human rights law ,Military necessity ,Law ,Military Necessity ,lcsh:K - Abstract
In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents) and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.
- Published
- 2014
- Full Text
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18. Prosecution of War Crimes by Invading and Occupying Forces
- Author
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Festus M. Kinoti
- Subjects
Balance (metaphysics) ,Jurisdiction ,Political science ,Law ,Fourth Geneva Convention ,Legislation ,International law ,War crime - Abstract
The paper will consider prosecution of civilians protected under the Fourth Geneva Convention for war crimes, focusing on applicable legislation and competent courts. It will first focus on occupying forces looking at both the issue of applicable legislation and competent courts then shift its focus to invading forces. The paper will conclude by briefly recapping its findings and commenting on whether the same strike a proper balance between ensuring prosecution of war criminals and protection of protected civilians.
- Published
- 2014
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19. State Department buries Israeli occupation in word salad.
- Author
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Brown, Michael F.
- Subjects
- UNITED States. Dept. of State, BIDEN, Joe, 1942-, TRUMP, Donald, 1946-
- Abstract
Biden continues to stay disturbingly close to Trump. [ABSTRACT FROM AUTHOR]
- Published
- 2021
20. Eyal Benvenisti. The International Law of Occupation
- Author
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Gregory H. Fox
- Subjects
media_common.quotation_subject ,Judicial opinion ,Legislature ,International law ,Power (social and political) ,State (polity) ,Law ,Phenomenon ,Political Science and International Relations ,Fourth Geneva Convention ,Relevance (law) ,Sociology ,media_common - Abstract
The first edition of Eyal Benvenisti's The International Law of Occupation, published in 1993, was the first thorough treatment of occupation law to appear in English in 30 years. Not since Gerhard van Glahn's volume of 1957 had a scholar comprehensively surveyed this critical area of law. An update was long overdue. The seemingly clear rules of the 1907 Hague Regulations and 1949 Fourth Geneva Convention appeared to be receding in importance, as few states in the post-World War II period acknowledged their status as occupiers; Israel's prolonged occupation of the Palestinian territories challenged the assumption of occupation as a temporary phenomenon; few governments ousted in recent occupations went into exile to await a return to power, thus calling into question occupation law's focus on protecting the prerogatives of the "de jure regime"; and occupiers had seemingly honoured the "conservationist principle" - the limitation on an occupier's legislative authority most famously embodied in Article 43 of the Hague Regulations - mostly in the breach. States themselves provided little help in making sense of these and other developments. The discussions of occupation law in the US and UK military manuals, for example, had not been updated since the late 1950s. With the striking exception of Israel in the Palestinian territories, occupation law appeared to be receding from relevance. Now Benvenisti has published a second edition, adding almost 150 pages of text and several new chapters covering topics not addressed in the first edition. One is tempted to say that the second edition is even more overdue than the first. If the first edition sought to rescue occupation law from irrelevance, the second edition seeks to make sense of an explosion in state practice, judicial opinions, UN-sponsored activity, emerging cognate doctrines, and scholarly commentary, all of which have �
- Published
- 2013
- Full Text
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21. Meditations on a Fractured Terrain: Human Rights and Literature
- Author
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Alexandra Schultheis Moore and Elizabeth Swanson Goldberg
- Subjects
Literature and Literary Theory ,Human rights ,Convention on Certain Conventional Weapons ,media_common.quotation_subject ,Fundamental rights ,Education ,Protocol I ,International human rights law ,Law ,Terrorism ,Fourth Geneva Convention ,Sociology ,International humanitarian law ,media_common - Abstract
In The Age of the World Target, Rey Chow invokes Heidegger to describe a predicament in the contemporary relationship between literature, theory, and the world:Following Heidegger's suggestion that in modernity the world has come to be grasped and conceived as 'a picture,' we may say that in the wake of the atomic bombs the world has come to be grasped and conceived as a target-to be destroyed as soon as it can be made visible. If the rise of modern self-referential writing [following Foucault] has functioned as a 'mad' and 'poetic' resistance to the steady instrumentalization of the world, one that is dominated by the manifestation or unveiling of techne in the form of destructive technological forces, what does this madness, this poetry, have to say about catastrophes such as that caused by the dropping of the atomic bombs on Hiroshima and Nagasaki?" (2006, 12).This essay offers some partial answers to that question, one that we interpret broadly to be about the relationship between the general field of atrocity and the more specific realm of the literary and cultural texts that engage with human rights. More specifically, we are interested in developing a reading practice for such texts that can attend to their material and historical contexts without instrumentalizing the aesthetic in service to those contexts. Turning to poetic reinscriptions of the dropping of the atomic bombs in 1945, the deployment of the vacuum bomb during the Israeli siege of Beirut in 1982, and the use of airplanes as explosives in the 9/11 attacks of 2001, we examine how works by Carolyn Forche, H. L. Hix, and Mahmoud Darwish employ the aesthetic to create historical and geographical concordances between each of these civilian targets. We will argue for the relevance of a reading practice that identifies such concordances so as to disallow a sense of isolation or singularity to characterize representations of events that, in fact, share significant causal factors and reverberations. While these similarities are clearly worth understanding, such a reading practice, we argue, must also account for the convergences among these contiguous events. Indeed, the work of mapping such convergences can surely teach us as much about the catastrophes as we can learn from studying their shared characteristics. Finally, such a reading practice must not produce a coherent narrative that could, in the end, only be one of many such possibilities, and would undoubtedly demonstrate the same selective hegemony as any other constructed narrative. It is the echoes and vibrations among events ostensibly separated by space and time that we are interested in capturing here.Perhaps surprisingly given their destructive impacts, all three of the attacks discussed in this essay lie outside the scope of international humanitarian law (IHL). In the case of Nagasaki and Hiroshima, the attacks occurred before the drafting and adoption of the Fourth Geneva Convention relative to the Protection of Civilians in Time of War (1949) and Protocol I (1977). Fuel-air explosives (FAE), such as the one used on the apartment complex in Beirut, are not illegal under the Convention on Certain Conventional Weapons. And terrorism, by definition, lies outside the scope of lawful war. We have selected these cases because all three omissions underscore the difficulty IHL and related legal frameworks face in addressing the changing forms of war. Specifically, as we elucidate below, exclusions from or violations of IHL-in this case, the Fourth Geneva Convention, adopted in 1949 in response to atrocities against civilians in World War II-abrogate the fundamental human rights of civilians. We are interested in the spaces where international humanitarian law does not reach; in how these spaces overlap with and blur the distinction between international humanitarian law (the law governing states in times of war) and international human rights law (the law governing states in times of peace); and in how the cultural products responding to these events allow us to insist upon an expanded notion of human rights law and culture. …
- Published
- 2013
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22. III. Belligerent occupation under the Fourth Geneva Convention of 1949
- Author
-
Michael Siegrist
- Subjects
Law ,Political science ,Fourth Geneva Convention ,Belligerent - Published
- 2016
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23. PROTECTION OF CIVILIAN POPULATION IN TIMES OF ARMED CONFLICTS WITH REGARDS TO CROATIA, BOSNIA AND HERCEGOVINA AND KOSOVO
- Author
-
Budimlić, Admir and Tratnik, Matjaž
- Subjects
war crimes ,Fourth Geneva convention ,4. ženevska konvencija ,Jugoslavija ,international humanitarian law ,udc:341.3(043.2) ,Yugoslavia ,Civilian population ,civilno prebivalstvo ,vojna ,vojni zločini ,war ,mednarodno humanitarno pravo - Abstract
Oboroženi spopadi in vojne poleg vseh materialnih devastacij, vedno prinesejo tudi človeške žrtve in trpljenje vseh vpletenih. Že od nekdaj so bili znani poizkusi omiliti to trpljenje s takšnimi ali drugačnimi pravili. V prvem delu diplomskega dela si bomo pogledali kako daleč smo prišli z razvojem teh pravnih pravil, še posebej na področju zaščite civilnega prebivalstva. Pogledali si bomo predvsem 4. ženevsko konvencijo, ki tvori bistvo mednarodnega humanitarnega prava. Prav tako si bomo pogledali katere mednarodne institucije in organizacije sodelujejo v nalogi lajšanja trpljenja navadnim državljanom. Vendar pa v drugem delu diplomske naloge vso teorijo pretvorimo v prakso. In sicer na primeru Jugoslovanskih vojn. Kako so se obnesla vsa kodificiranja v kriznih razmerah na terenu? Kaj so bile naloge mednarodnih organizacij in kaj so bile največje pomanjkljivosti v ravnanju mednarodne skupnosti in organizacij? Trudili se bomo predstaviti dejstva, ki nam razkrijejo realen pogled na zaščito civilistov v času vojne. Armed conflicts and wars in general in addition of all the destruction of property usually cause also human loss and suffering of all involved. From the beginnings of warfare, there are attempts to manage that suffering with some kinds of rules. In the first part of my thesis we will take a look how far we've come in codification of those rules, especially with regards to protection of civilian populations. We'll focus on the Fourth Geneva convention as the basis of international humanitarian law. We'll also take a look at all the institutions and organizations with the mission of alleviating the suffering of ordinary citizens. But in the second part of the thesis we'll put all the theory to practical test. We will take a look how they faired in the Yugoslav wars. How did all the codifications fare on the field? What were the assignments of all the international organizations and what were the biggest flaws in the actions of the international community and their organizations? We'll give our best in presenting all the facts that reveal us a realistic picture of protection of civilians in the time of war.
- Published
- 2016
24. 'The End of Active Hostilities:' The Obligation to Release Conflict Internees Under International Law
- Author
-
Bettina Scholdan
- Subjects
Habeas corpus ,Law ,Political science ,Fourth Geneva Convention ,Third Geneva Convention ,Law of war ,International law ,International humanitarian law ,Geneva Conventions ,Military medicine - Abstract
With the formal announcement of the end of the U.S. combat mission in Afghanistan, habeas courts and the Obama administration are called upon to determine the term “end of active hostilities,” and the proper limits of detention authority “incident to war” as defined in Hamdi v. Rumsfeld. This litigation highlights again the unsolved debate on the proper grounds, under international law, for internment in non-international armed conflict. Detention in Guantanamo raises a number of complex questions about the legal nature of U.S. military operations against Al Qaeda and the authority to detain in a non-international armed conflict not least when the government’s authority to detain under the “law of war” would end. Against the background of U.S. jurisprudence, the article discusses the obligation to release prisoners of war and civilian internees, drawing on the drafting history of the 1949 Geneva Conventions and their Additional Protocols to define grounds of internment and its legal endpoint in international armed conflict. The analysis confirms that the drafters created with the term “cessation of hostilities” a purely factual element, independent of the political solution of a conflict or the repeal of domestic laws. Both Conventions contain an element of necessity: While the Third Geneva Convention considers prisoner of war internment until cessation of hostilities necessary under most circumstances, the Fourth Geneva Convention imposes an obligation to release an individual before the close of hostilities when such internment is not absolutely necessary for security purposes. The article proceeds to analyze challenges to determine the end of a non-international armed conflict under current rules for classification of armed conflict, and proposes criteria for triggering and ending detention authorities that take into account the need for protective and enabling rules in times of armed conflict. Using Afghanistan as an example, it also discusses obligations and authorities related to detention that may arise out of the applicability of international humanitarian law to conduct by foreign forces supporting a host government engaged in an armed conflict with a non-state actor on its territory.
- Published
- 2016
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25. One side only.
- Author
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Brown, Michael F.
- Subjects
- AMERICAN Jewish Committee, TRUMP, Donald, 1946-
- Abstract
Palestinian voices are excluded in Washington Post's coverage of Michael Che controversy. [ABSTRACT FROM AUTHOR]
- Published
- 2021
26. The Laws of Occupation and Commercial Law Reform in Occupied Territories: A Reply to Jose Alejandro Carballo Leyda
- Author
-
Eyal Benvenisti
- Subjects
Meaning (philosophy of language) ,Scope (project management) ,Interpretation (philosophy) ,Law ,Political Science and International Relations ,Fourth Geneva Convention ,Commercial law ,Criticism ,Legislature ,Sociology ,Spelling - Abstract
The essay �The Laws of Occupation and Commercial Law Reform in Occupied Territories: Clarifying a Widespread Misunderstanding� accuses my 1993 book of fostering the �misleading� contention that Article 64 of the Fourth Geneva Convention of 1949 recognizes the authority of occupants to modify all types of laws (and not only penal laws), beyond the limited scope of legislative authority recognized under Article 43 of the 1907 Hague Regulations. The criticism is unconvincing for several reasons. I limit my response to the claim that my interpretation of Geneva 64 is a misunderstanding, spelling out in more detail the discussion in the book. Addressing this claim offers an opportunity to gain insight not only into the specific meaning of Geneva 64 but also into the more general question of how to read and assess travaux preparatoires of complex multilateral treaties.
- Published
- 2012
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27. The Obligations Due to Former 'Protected Persons' in Conflicts that have Ceased to be International: The People's Mujahedin Organization of Iran
- Author
-
Siobhan Wills
- Subjects
Politics ,Political science ,Law ,Refugee ,Fourth Geneva Convention ,Ashraf ,Protected persons ,Safety, Risk, Reliability and Quality ,Safety Research ,Geneva Conventions ,International humanitarian law ,Amnesty - Abstract
On 28 July 2009, around 1000 Iraqi security personnel entered Camp Ashraf, the demilitarized camp of the People's Mujahedin Organization of Iran (PMOI) in Iraq. Several PMOI members were killed and several hundred wounded. US forces had been surrounding the camp providing protection for seven years from the time they took control of the camp in 2003 until January 2009. During this period the United States repeatedly asserted that the camp's inhabitants were ‘protected persons’ under the Geneva Conventions, even though, in the view of the International Committee of the Red Cross, the conflict ceased to be international in nature on 28 June 2004. Amnesty International also issued public statements in 2008 and 2009, stating that the PMOI remained ‘protected persons’ under international humanitarian law. On 26 November 2009 the Audiencia Nacional of Spain also ruled that Ashraf residents are ‘protected persons’ under the Fourth Geneva Convention. This article explores the potential legal bases of these assertions. If there are sound bases for asserting the ‘protected person’ status of the PMOI after 28 June 2004, these may have implications beyond the political particularities of the United States’ relationship with Iran, to the benefit of other former ‘protected persons’ in the ongoing armed conflicts that have ceased to be formally international, in particular for refugees and for detainees.
- Published
- 2010
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28. Attack on a hospital in the Gaza Strip: a descriptive study
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Julie Webb-Pullman, Althaer S Alsosi, Yousef Al Rantisi, Mohammed Al Sersawi, Ihab Sa'di Kuhail, and Majdi Marwan Abu Hasira
- Subjects
medicine.medical_specialty ,International community ,General Medicine ,International law ,humanities ,Statute ,Military necessity ,Family medicine ,Fourth Geneva Convention ,medicine ,War crime ,Psychology ,health care economics and organizations ,International humanitarian law ,Geneva Conventions - Abstract
Background Article 8(2) of the Rome Statute describes "war crimes" as grave breaches of the Geneva Conventions. Article 18 of the Fourth Geneva Convention provides protection for civilian hospitals and staff. On July 21–22, 2014, Al Aqsa hospital, a 190-bed government hospital in the Gaza Strip, was hit by several Israeli military strikes while fully operational, with hundreds of refuge-seeking civilians in its buildings and grounds. The attacks killed three people, injured 70 people (including 11 medical staff), and destroyed or damaged buildings, equipment, and ambulances. The aim of this study was to investigate the response to the attack in persons who were at or near the hospital during the attacks . Methods For this descriptive survey, we used convenience sampling of persons at or near the hospital during the attacks. 26 of the 29 people who were approached on Sept 1–2, 2014, consented to interview. 13 participants were hospital staff, two were patients, three were relatives of patients, five were refuge-seekers, one was a relative of a refuge-seeker, and two were hospital neighbours. Written consent was obtained from all participants, and reasons for refusal were recorded. Findings All refusals cited fear of Israeli reprisals. All participants reported no resistance presence or activity in or near the hospital before or during the attacks. Ten (38%) participants were injured, including seven staff members, two relatives visiting patients, and one patient. 21 (81%) participants believed the attacks were deliberately directed at the hospital. 12 (92%) of the 13 staff members reported high levels of concern about the future safety of hospital staff. 20 (77%) participants reported no longer feeling safe anywhere. Eight (31%) participants commented that the attacks showed that neither the international community nor international humanitarian law protect Palestinian hospitals and medical workers. Interpretation The absence of resistance activity indicates that the attacks on Al Aqsa hospital were not justified by military necessity and were thus in breach of the Geneva Conventions, constituting war crimes. Residual fear and loss of faith in international instruments can only be addressed by holding Israel accountable. This will have important implications for both the credibility of international law and the safety of civilians, medical staff, and facilities in future conflicts, everywhere. Funding None.
- Published
- 2018
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29. The Future of the Law of Occupation
- Author
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Kristen Boon
- Subjects
050502 law ,021110 strategic, defence & security studies ,Jurisprudence ,05 social sciences ,0211 other engineering and technologies ,Belligerent ,Judicial opinion ,Legislation ,02 engineering and technology ,Intervention (law) ,Political science ,Law ,Political Science and International Relations ,Fourth Geneva Convention ,Relevance (law) ,Geneva Conventions ,0505 law - Abstract
The law of occupation has become the subject of great contemporary interest because of two prominent, although sui generis situations: The long term Israeli occupation of the Gaza Strip, the West Bank, and the Golan Heights, and the �transformative� occupation of Iraq. In both situations, the occupying powers resisted the label of belligerent occupier, and selectively applied the Hague Regulations of 1907 and the Geneva Conventions of 1949 to the territories in question. In Iraq, a further level of complexity arose when the Security Council used its Chapter VII powers to finesse certain aspects of the law of occupation to address circumstances particular to that intervention, prompting a volley of inquiries into the future role of the Security Council in updating, amending, and administering the law of occupation. The unique circumstances of these occupations have sparked vigorous debate over the future of the law of occupation. To wit: Is the widely accepted but largely unenforced law of occupation capable of regulating transitions between armed conflict and peace in the Twenty First Century. Although judicial decisions interpreting the Hague Regulations and the Fourth Geneva Convention are rare, some recent cases have advanced doctrinal issues behind the scenes of this larger debate about the relevance of occupation law. This essay examines recent developments in the notoriously open-textured law of occupation that have arisen as the law of occupation has been variously ignored, invoked, challenged, examined, and ultimately reformed through practice. In particular, I discuss the triggers for beginning and ending an occupation, including recent jurisprudence on the �effective control� test. I examine who can be an occupier, the question of �multiple occupiers� under unified command, and the obligations of occupiers in the areas of legislation and institutional reform. I also consider the challenges of UN involvement in transitional situations, including the applicability of the law of occupation to UN forces, and the role of the Security Council in adapting the law of occupation. I conclude with a discussion of the principle of �conservationism�, and the relationship between the law of occupation and jus post bellum, in order to provide an assessment of possible "futures" of the law of occupation.
- Published
- 2009
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30. CHANGING THE LANDSCAPE: ISRAEL'S GROSS VIOLATIONS OF INTERNATIONAL LAW IN THE OCCUPIED SYRIAN GOLAN
- Author
-
Ray Murphy and Declan Gannon
- Subjects
education.field_of_study ,Law ,Political science ,Population ,Fourth Geneva Convention ,Public property ,International community ,Legislation ,International law ,War crime ,education ,Free movement - Abstract
Successive Israeli governments have adopted a number of policies to control and contain the Syrian population since Israel began its occupation. Numerous villages have been destroyed, thousands driven from their homes, private and public property expropriated, the remaining Arab villages have been prevented from expanding and the free movement of people curtailed. In 1981, Israel enacted legislation that purported to annex the territory. This move was widely condemned by the international community and from the perspective of international law, the Syrian Golan remains an occupied territory to which the laws of occupation apply.The northern hemisphere summer of 2008 marked the 41st anniversary of Israel's occupation. This report outlines the background to the occupation and the consequences for the local population. It then examines the action of the Israeli authorities and argues that certain practices by the Israeli Defence Forces constitute war crimes, which in some cases may also amount to grave breaches of the Fourth Geneva Convention governing the protection of civilians.
- Published
- 2008
- Full Text
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31. The Evolution of International Laws of War
- Author
-
Xu Jin
- Subjects
Convention on Certain Conventional Weapons ,Freedom of navigation ,Political science ,Law ,United Nations Convention on the Law of the Sea ,Political Science and International Relations ,Fourth Geneva Convention ,Biological Weapons Convention ,Convention on the Territorial Sea and the Contiguous Zone ,War crime ,Environmental Modification Convention - Abstract
After centuries of little to no change in the norms of war, European nations began systematically signing treaties and agreements during the second half of the 19th century that placed limits on violent behaviour in war. 1 The roots of these laws are in the 1856 Paris Declaration Respecting Maritime Law, 2 and the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field (also known as the Geneva Convention) that compiled the existing laws of war 3 and was predecessor to the systematic body of rules known as the Law of Geneva which 12 European states signed in 1864. The document also laid the framework for the Laws of The Hague, the rules concerning the conduct of hostilities agreed upon at the two Hague Conventions of 1899 and 1906–1907. Post WWII, laws of war advanced in 1949, when 63 countries signed the Fourth Geneva Convention, and in 1977 with the signing of the Supplementary Agreements to the Fourth Geneva Convention, and of the four supplementary agreements to the Laws of The Hague: The Biological Weapons Convention, The Environmental Modification Convention, The Convention on the Prohibition of Chemical Weapons, and the Convention on Certain Conventional Weapons. These agreements completed the modern structure of the present Geneva Laws. The international community’s advancement of modern laws of war implies strengthened restrictions on the use of force but, as noted above, these developments occurred only after the mid-1850s. This raises the
- Published
- 2008
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32. Forty Years after 1967: Reappraising the Role and Limits of the Legal Discourse on Occupation in the Israeli-Palestinian Context
- Author
-
Yuval Shany
- Subjects
education.field_of_study ,media_common.quotation_subject ,Administrative law ,Population ,International law ,Rule of law ,State (polity) ,Sovereignty ,Law ,Political science ,Fourth Geneva Convention ,education ,media_common ,Sovereign state - Abstract
The law of occupation, as largely codified in the 1907 Hague Regulations on the Laws and Customs of War on Land and the 1949 Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, has traditionally strived to protect the basic rights and interests of the population of occupied territories through the introduction of legal standards which serve as constraints on the power of the occupying force. At the same time, the laws of occupation confer upon the occupier considerable powers of government, which it may (and sometimes must) exercise in lieu of the displaced sovereign state. Still, in some, if not most instances where the law of occupation is applied, the rights and interests of the local population appear to remain under-protected and the occupier arguably fails to satisfactorily exercise its governmental authorities. This begs the question to what extent do the specific norms and principles of the law of occupation and the legal discourse that affects their application actually shape reality under conditions of conflict and occupation. The 40th anniversary of the Israeli occupation of the West Bank and Gaza Strip, marked in 2007, presents a unique opportunity to take stock and critically assess the impact of legal rules and the legal discourse in situations of occupation. This is because the Israeli occupation over the West Bank and Gaza Strip has some singular features, which seem to make it a particularly useful case study for examining the role and limits of the laws of occupation and the legal discourse in which it is anchored. First, the exceptional length of the Israeli occupation introduces an important temporal factor, which could highlight some of the deficiencies associated with the laws of occupation (such deficiencies may not appear in shorter occupation situations). The time factor is accentuated by the many turbulences, which took place over time in the West Bank and Gaza Strip - uprisings, colonization, power sharing arrangements, partial withdrawals, etc. Consequently, many problems related to the model of government and other underlying assumptions informing the occupation law discourse are bound to reveal themselves in such a prolonged and mutating form of occupation.Second, the Israeli occupation is exceptionally legalized. It is the most conspicuous long-term occupation situation in which the occupier has accepted the applicability, at least de facto, of a significant part of the body of laws of occupation (it may be noted, by way of contradistinction, that the laws of occupation were not applied by Israel in the Golan Heights or East Jerusalem); furthermore, the Israeli authorities have also opened up the doors of Israeli courts for petitions filed by residents of the occupied territories alleging violation of the international laws of occupation and/or Israeli administrative law (which binds all Israeli state agencies, including the military). Indeed, many thousands of petitions have been filed to date before the Israeli Supreme Court, challenging a wide variety of measures taken by Israel in the Occupied Territories. This, in turn, increased the influence and prominence of the legal discourse relating to the occupation and created significant expectations as to the power of law to shape reality on the ground.The fact that Israel is generally committed to the rule of law in its internal affairs, adds another important dimension to the assessment of the utility of the legal discourse in occupation-related matters. Given that law is generally respected in Israel, failure of the laws of occupation to meet their humanitarian goals - as had arguably occurred in the West Bank and the Gaza Strip - might derive from intrinsic reasons related to the shortcomings of that body of law of occupation, and not from extrinsic reasons pertaining to the general status of law per se in Israel.Third, the geopolitical situation in the West Bank and Gaza Strip differs from the classic paradigm of the law of occupation in some important ways. Most significantly, Jordan and Egypt - the two nations from which the area was seized in 1967 - have renounced any claim of title over the territory and have supported the self-determination claims of the Palestinians. In addition, Israel itself has claimed sovereignty over parts of the occupied area (most notably, East Jerusalem). These complicating factors render the Israeli occupation an interesting case study for reviewing the elasticity of the laws of occupation and the limits of such elasticity: To what degree can such laws accommodate circumstances unforeseen at the time in which the principal treaties were formulated? To what degree do the laws possess correcting mechanisms that facilitate their periodic updating?
- Published
- 2008
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33. Israel's vaccine rollout excludes Palestinians.
- Author
-
Karmi, Omar
- Subjects
- *
PUBLIC health , *LEGAL status of prisoners , *COVID-19 vaccines - Abstract
Occupier is obligated to ensure public health and hygiene. [ABSTRACT FROM AUTHOR]
- Published
- 2020
34. COVID-19 spreads as Israel tightens Gaza siege.
- Author
-
Nassar, Tamara
- Subjects
- *
COVID-19 pandemic - Abstract
Virus kills two people over two days in Gaza. [ABSTRACT FROM AUTHOR]
- Published
- 2020
35. An Intentionally Unfair Trial
- Author
-
Curtis F.J. Doebbler
- Subjects
Sociology and Political Science ,Fair trial ,Law ,Political science ,Fourth Geneva Convention ,Right to a fair trial ,War crime ,International law ,Prisoners of war - Abstract
Numerous flaws made the Dujail trial a violation of the internationally protected human right to a fair trial. The United States and the Iraqi authorities conducted an unfair trial knowing that both the Third and Fourth Geneva Convention describe ‘wilfully depriving’ a person ‘of the rights of fair and regular trial’ as a war crime. Even if Saddam Hussein was not to be regarded as a prisoner of war, that is, merely as a civilian, in any case his right to fair trial was protected by international law. According to the author, both the relevant states and the individuals involved in the unfair Dujail trial bear responsibility for breaches of international law.
- Published
- 2007
- Full Text
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36. International Law and the Prolonged Occupation of Palestine
- Author
-
Iain Scobbie
- Subjects
Competence (law) ,International court ,Mandatory Palestine ,Political science ,Law ,Fourth Geneva Convention ,Advisory opinion ,International law ,High Court ,International humanitarian law - Abstract
In the law of armed conflict, the question of “prolonged occupation” is absent from the governing international instruments, and the notion has been little discussed in academic commentary, but Israel’s High Court has employed it in a number of decisions concerning the occupied Palestinian territory. The “prolonged occupation” of Palestine raises two legal issues in particular. The first is the effect of Article 6 of the Fourth Geneva Convention which the International Court of Justice declared operative in the Legal consequences of the construction of a wall advisory opinion in 2004: was the Court correct to hold that, by virtue of Article 6(3), only some provisions of the Fourth Geneva Convention still apply to Palestine? More importantly, what are the legitimate parameters for the exercise by Israel of the occupant’s legislative competence over the territory under Article 43 of the Hague Regulations and Article 64 of the Fourth Geneva Convention. Has Israel exceeded its lawful powers in its administration of Palestine?
- Published
- 2015
- Full Text
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37. ISRAEL AND THE FOURTH GENEVA CONVENTION: ON THE ICJ ADVISORY OPINION CONCERNING THE SEPARATION BARRIER
- Author
-
Djamchid Momtaz
- Subjects
Government ,Law ,Political science ,media_common.quotation_subject ,Judaism ,Veto ,Fourth Geneva Convention ,Immigration ,Security council ,Advisory opinion ,Settlement (litigation) ,media_common - Abstract
Since 1977 Israel has pursued an open policy of settlement building in the Occupied Palestinian Territories. Although the Security Council determined that this action constituted a flagrant violation of the Fourth Geneva Convention, Israel continued to settle its nationals and new Jewish immigrants in these territories. The approval by the Israeli government on 26 February 1997 of a disputed plan to settle a colony in Djabal Abou Ghounaym, in the south of Jerusalem, led to a draft resolution being submitted to the Security Council, which was not adopted due to the repeated veto of the United States on 5 and 21 March 1997.
- Published
- 2005
- Full Text
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38. Occupation Policy in Iraq and International Law
- Author
-
Charles Garraway and Michael N. Schmitt
- Subjects
Pharmacology ,International relations ,Charter ,Public administration ,International law ,Convention ,Infectious Diseases ,Virology ,Law ,Political science ,Fourth Geneva Convention ,Customary international law ,International humanitarian law ,Geneva Conventions - Abstract
On 20 March 2003, a US and UK-led coalition attacked Iraq, formally basing its action on UN Security Council resolutions stretching back over a decade. The operation,Iraqi Freedom, engendered widespread criticism by States, non-governmental organizations, and respected academics. However, even as the debate continued, Coalition forces quickly defeated the Iraqi military and conquered the country. Less than two months after commencement of military action, US President Bush declared from the deck of the USS Abraham Lincoln that "major combat operations in Iraq have ended". This article explores, from a legal perspective, the published Coalition occupation policies implemented since the Iraqi defeat. Occupation authorities (the Coalition Provisional Authority-CPA) have promulgated most as regulations and orders. For purposes of analysis, they are grouped into five categories: governance, security, relief, the economy, and legal system. The 1907 Hague Convention IV (annexed Regulations) and the 1949 Fourth Geneva Convention contain the relevant occupation law. Although 1977 Protocol Additional to the Geneva Conventions includes some occupation provisions, since neither the United States nor Iraq are Parties, it is inapplicable, except as it restates customary international law. Acting under Chapter VII of the UN Charter, the Security Council has also adopted resolutions that both limit Coalition occupation activities, and expand them beyond the strict confines of international humanitarian law. These treaties and resolutions will serve as the normative standards against which Coalition policies will be evaluated.
- Published
- 2005
- Full Text
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39. ‘A La Recherche du Temps Perdu’: Rethinking Article 6 of the Fourth Geneva Convention in the Light of the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory Opinion
- Author
-
Orna Ben-Naftali
- Subjects
Convention ,Duration (philosophy) ,Political science ,Law ,Section (typography) ,Fourth Geneva Convention ,Normative ,Advisory opinion - Abstract
The comment focuses on the construction of time in the normative regime of occupation. Beginning (in section 2) with a critique of the ICJ's reading of Article 6 of the Fourth Geneva Convention concerning the scope of applicability ratione temporis of the Convention in cases where the duration of an occupation lasts longer than one year, the comment proceeds (in section 3) to argue (a) that the gap between the working assumption informing Article 6 (of relatively short-term occupations) and reality (of prolonged occupations) defines a problem which the Court erroneously construed as a solution; (b) that the problem of prolonged occupation has allowed for the substitution of an indefinite for a temporary duration of an occupation, a move which defies the basic tenets of the normative regime of occupation; and (c) that a proper solution involves the construction of the notion of “reasonable time” into the Fourth Geneva Convention. The comment includes (in section 4) a proposal designed to minimize the temporary/indefinite blurring of boundaries in situations where an occupation has not ended within one year.
- Published
- 2005
- Full Text
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40. Critical Reflections on the International Humanitarian Law Aspects of the ICJ Wall Advisory Opinion
- Author
-
Ardi Imseis
- Subjects
050502 law ,021110 strategic, defence & security studies ,International court ,05 social sciences ,0211 other engineering and technologies ,Belligerent ,Context (language use) ,02 engineering and technology ,Convention ,Military necessity ,Political science ,Law ,Political Science and International Relations ,Fourth Geneva Convention ,Advisory opinion ,International humanitarian law ,0505 law - Abstract
I shall confine my brief thoughts on the recent advisory opinion of the International Court of Justice (ICJ) on the legal consequences of the construction of a wall in the occupied Palestinian territory (OPT) to the Court’s treatment of international humanitarian law (IHL) in general, and to the law of belligerent occupation in particular. To that end, I will focus on the following four areas: the Court’s consideration of the applicable law as regards IHL; the Court’s interpretation of Article 6 of the 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War; the Court’s consideration of the concept of military necessity in the context of foreign military occupation; and the Court’s consideration of the responsibility of third states, particularly the high contracting parties to the Fourth Geneva Convention, for violations of relevant principles of IHL by an occupying power.
- Published
- 2005
- Full Text
- View/download PDF
41. THE ICJ'S ADVISORY OPINION ON THE CONSEQUENCES OF ISRAEL'S CONSTRUCTION OF A SEPARATION BARRIER IN THE OCCUPIED PALESTIAN TERRITORIES: A MOVE IN THE RIGHT DIRECTION OR AN IMPEDIMENT TO PEACE?
- Author
-
Mustafa Mari
- Subjects
Negotiation ,Law ,media_common.quotation_subject ,Political science ,Fourth Geneva Convention ,Separation (aeronautics) ,Advisory opinion ,media_common - Published
- 2004
- Full Text
- View/download PDF
42. The 'Assigned Residence' Case: H.C. 7015, 7019/02 Kipah Ajuri et al. v. IDF Commander in The West Bank et al
- Author
-
Reuven Ziegler
- Subjects
Judicial review ,Law ,Political science ,Fourth Geneva Convention ,Subject (philosophy) ,Belligerent ,Residence ,High Court ,Economic Justice ,International humanitarian law - Abstract
The case discussed in this Note is surely one of the most important cases rendered by the Israeli High Court of Justice (hereinafter, HCJ) regarding judicial review of administrative acts performed by a Military Commander (hereinafter, MC) in areas subject to belligerent occupation based on a legal analysis of international humanitarian law (the Fourth Geneva Convention).
- Published
- 2002
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43. Introduction
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James Summers
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Torture ,Law ,Political science ,Fourth Geneva Convention ,Jus ad bellum ,Terrorism ,Guerrilla warfare ,Arab–Israeli conflict ,War crime ,International humanitarian law - Published
- 2014
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44. The Conference of High Contracting Parties to the Fourth Geneva Convention
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Matthew Happold
- Subjects
Law ,Political science ,Fourth Geneva Convention ,International humanitarian law - Abstract
On 5 December 2001, a conference of High Contracting Parties to the Fourth Geneva Convention concerning the application of international humanitarian law in the occupied Palestinian territories, including East Jerusalem, took place in Geneva.
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- 2001
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45. New challenges for humanitarian protection
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Jennifer Leaning and Claude Bruderlein
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Warfare ,Internationality ,Human Rights ,United Nations ,Operations research ,International Cooperation ,media_common.quotation_subject ,Population ,Convention ,Education and Debate ,Codes of Ethics ,Impunity ,Fourth Geneva Convention ,Humans ,Medicine ,education ,Geneva Conventions ,General Environmental Science ,media_common ,Social Responsibility ,education.field_of_study ,Human rights ,Humanitarian aid ,business.industry ,General Engineering ,General Medicine ,Altruism ,Law ,General Earth and Planetary Sciences ,Combatant ,business - Abstract
The fourth Geneva Convention, adopted 50 years ago, on 12 August 1949, describes the actions that warring parties must take to protect civilian populations from the worst excesses of war. Building on the concept developed in the previous three conventions—that certain activities and people, especially civilians, can be seen as hors de combat—the fourth Geneva Convention defines in detail the many ways in which civilians must be dealt with to shield them from the direct and indirect effects of conflict between combatant forces. Among the responsibilities that this convention sets for the warring parties are explicit actions that would grant medical personnel, and all aspects of the medical enterprise, complete protection from interference or harm. This neutral status for medical relief (and, by extension, all humanitarian aid) rests on the reciprocal assumption that those who deliver this relief are practising in accord with their professional ethics and will take specified steps to maintain their neutral posture vis a vis the warring parties. The moral impetus for this addition to the Geneva Conventions derived from international reaction to the great civilian death toll of the second world war. In virtually all wars of the subsequent 50 years the fourth Geneva Convention has been variously observed and routinely violated—and there has been no calling to account. Moreover, and this is what prompts new attention to the issue of humanitarian protection in war, in recent wars the warring parties have shown an increasing tendency to flout the fourth convention entirely. The problem is no longer a failure to abide by the rules but a failure to acknowledge that the rules even exist.1 This failure is particularly relevant for the medical community. Without the guarantees of protection defined in the fourth convention, civilians can be slaughtered with impunity and physicians and other relief …
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- 1999
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46. The Kuala Lumpur War Crimes Commission Against Amos Yaron
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Francis A. Boyle
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Political science ,Nuremberg Charter ,Law ,Fourth Geneva Convention ,Nuremberg principles ,Nuremberg trials ,War crime ,Genocide ,International humanitarian law ,Crimes against humanity - Abstract
Amos Yaron perpetrated War Crimes, Crimes Against Humanity, and Genocide in his capacity as the Commanding Israeli General in military control of the Sabra and Shatila refugee camps in Israeli occupied Lebanon in September of 1982 when he knowingly facilitated and permitted the large-scale Massacre of Residents of those two camps in violation of the Hague Regulations on Land Warfare of 1907; the Fourth Geneva Convention of 1949; the 1948 Genocide Convention; the Nuremberg Charter (1945), the Nuremberg Judgment (1946), and the Nuremberg Principles (1950); customary international law, jus cogens, the Laws of War, and International Humanitarian Law; and their related provisions set forth in articles 9, 10, and 11 of the Charter of the Kuala Lampur War Crimes Commission.
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- 2013
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47. The Legal Protection of Children and Armed Conflict
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Ann-Charlotte Nilsson
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Convention ,Legal protection ,Human rights ,Law ,media_common.quotation_subject ,Political science ,Fourth Geneva Convention ,Armed conflict ,Context (language use) ,Civilian population ,media_common ,Convention on the Rights of the Child - Abstract
The Convention on the Rights of the Child came into force on 2 September 1990, which was the first time an international human rights convention came into force already after one year of its adoption. In terms of the Fourth Geneva Convention protecting children, Part II of the Convention identifies children as in need of protection in a few articles but in limited ways as being a part of groups of the civilian population in need of special protection, where Article 24 is the only article that explicitly addresses children, however only children who as a result of war have been orphaned or separated from their families. In this context it needs to be noted that deprivation of life is lawful in situations of armed conflict as long as the deprivation of life is not arbitrary or otherwise unlawful. Keywords:armed conflict; children; civilian population; international human rights convention; legal protection
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- 2013
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48. The Ethics of Torture: Definitions, History, and Institutions
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Rebecca Evans
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Dignity ,Moral absolutism ,Human rights ,Torture ,media_common.quotation_subject ,Political science ,Law ,Fourth Geneva Convention ,Democracy ,Geneva Conventions ,International Covenant on Civil and Political Rights ,media_common - Abstract
[ILLUSTRATION OMITTED] Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective. Edited by Kenneth Roth and Mindy Worden. New York: The New Press, 2005. 201 pp. Torture has once again become a timely topic. The "War on Terror" launched after September 11, 2001 has renewed a philosophical and political debate, in the United States and elsewhere, about whether torture is ever justified. The basic parameters of this debate revolve around the question whether there should be an absolute prohibition against torture or whether, under carefully specified circumstances, it is a lesser evil to torture a suspect for information to prevent a greater evil that menaces society. A position of moral absolutism holds that individuals must "do things only when they are right" rather than calculating the consequences of their actions (Nye 2005: 21). Such a perspective condemns torture as an unacceptable practice, arguing that torture and related abuses should be absolutely banned because they are antithetical to the entire concept of human rights. Rights define the limits beyond which no government should venture. To breach those limits in the name of some utilitarian calculus is to come dangerously close to the ends-justify-the-means rationale of terrorism. By contrast, a society that rejects torture affirms the essential dignity and humanity of each individual (xiii). Torture is morally unjustified, therefore, because it "dehumanizes people by treating them as pawns to be manipulated through their pain" (xii). This perspective is reflected in the absolute moral imperatives laid out in various international conventions. The 1948 Universal Declaration of Human Rights stipulates, in unqualified terms, that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment" (Article 5). The Geneva Conventions of 1949 not only provide protection for enemy combatants and civilians but also instruct that unlawful combatants must be "treated with humanity and ... shall not be deprived of the rights of fair and regular trial" (Fourth Geneva Convention, Article 5). The 1966 International Covenant on Civil and Political Rights prohibits torture even "during public emergencies that threaten the life of the nation" (Articles 4 and 7). Similarly, the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment insists that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability of any other public emergency, may be invoked as a justification of torture" (Article 2). Yet, despite these unconditional prohibitions, torture persists. Countries that have ratified treaties outlawing torture are in some cases actually more likely to use torture than countries which have not joined such international conventions (Hathaway 2004: 201-202). Although despotic and totalitarian regimes are the worst offenders, these are not the only kinds of regimes which find it expedient to use torture from time to time. Despite their support for human rights and rule of law, democratic countries have also adopted repressive policies, especially in times of perceived insecurity (Forsythe 2006: 467). Given the gap between rhetoric and reality, some scholars have called for a more pragmatic approach, arguing that the use of torture should be regulated rather than proscribed. Alan Dershowitz maintains that the better question to ask is whether torture should be allowed to continue "below the radar screen, without political accountability" or whether to require authorization from top political or judicial leaders as a precondition to the infliction of any type of torture. From Dershowitz's perspective, torture will inevitably occur, so a more "realistic" emphasis on accountability is important for reducing hypocrisy and minimizing the occurrence of torture (Dershowitz 2004: 259, 266-267). …
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- 2012
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49. Civil–Military Cooperation in Building the Rule of Law
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Tilmann J. Röder
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Vietnam War ,Dayton Agreement ,Political science ,Law ,Fourth Geneva Convention ,Criminal law ,Security sector reform ,Geneva Conventions ,Rule of law ,Sierra leone - Published
- 2012
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50. Settlements in U.S. Policy
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Donald Neff
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Convention ,Settlement geography ,Spanish Civil War ,Sociology and Political Science ,General assembly ,Political science ,Judaism ,Law ,Fourth Geneva Convention ,Geography, Planning and Development ,Opposition (politics) ,International community - Abstract
From the start of Israel's occupation of Arab lands in 1967, the United States opposed the establishment of Jewish settlements in the territories. This pillar of U.S. policy was based on the legal bedrock provided by the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), adopted in 1949 and signed by Israel in 1951. Paragraph 6 of the convention's Article 49 states: "The occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies." It was this clear and forthright international accord that provided the basis for the universal opposition that greeted Israel when it began, in the immediate aftermath of the war, to colonize the territories it had occupied, a process that has continued without pause despite U.S. and world condemnation. In the years since the occupation began, the United Nations, both the Security Council and the General Assembly, has repeatedly condemned Israel's settlement activity, declaring it a violation of the Fourth Geneva Convention. At best, the United States has an inconsistent record toward these resolutions. Nonetheless, Washington consistently maintained to the Arabs and within the international community that its position against settlements was based on the Fourth Geneva Convention, the implication-at times made explicit-being that they were "illegal." This continued to be the case up to 1981, when the newly elected Ronald Reagan declared they were "not ille
- Published
- 1994
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