International Humanitarian Law

Crawford, Elizabeth; Pert, Alison

doi:10.1017/cbo9781316337028

Cited by 27 publications

(7 citation statements)

References 161 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In terms of the distinction between so-called "Hague law" (law regulating how war/violence is used by states) and "Geneva law" (law regulating the treatment of victims of war) (see e.g. [8]), the concept moves easily between both fields of war law. Perhaps also noteworthy is that another significant document for this concept is the 1977 Additional Protocol 1, with its focus on "provisions protecting the victims of armed conflicts".…”

Section: Using the Corpus For Researchmentioning

confidence: 99%

“…This paper introduces the new Macquarie Laws of War Corpus, or MQLWC. The term 'Laws of War', also known as the 'Law of Armed Conflict' (LOAC) and 'International Humanitarian Law' (IHL) [8], refers to a body of international treaties and documents written in principle to regulate the use of force in international and noninternational armed conflicts, although, as discussed below, the history and function of this body of law is very much contested. The MQLWC encompasses the documents held in a treaties database by the International Committee of the Red Cross (ICRC).…”

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

The Macquarie Laws of War Corpus (MQLWC): Design, Construction and Use

Lukin

Castro

2022

Int J Semiot Law

View full text Add to dashboard Cite

This paper discusses the creation and use of the new Macquarie Laws of War Corpus (MQLWC). The corpus consists of the 110 documents of international war law stored in the International Committee of the Red Cross treaties database, starting with the 1856 Declaration Respecting Maritime Law (Paris Declaration) and ending with the most recent amendment to the Rome Statute (2019). The new MQLWC is hosted at the Sydney Corpus Lab (sydneycorpuslab.com), via its CQWeb interface, which allows for searching of frequencies, concordance lines, and collocations. The corpus can also be downloaded for offline processing in other popular concordance programs, such as #Lancsbox and AntConc. This paper introduces the corpus, describes the process of assembling the data, and explains its limitations. The paper then demonstrates some of the ways the data can be explored using the concept of 'military necessity'. The MQLWC contributes to the growing use of corpus linguistics in legal studies, and will be of particular relevance to scholars in the field of international war law.

show abstract

Section: Using the Corpus For Researchmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Macquarie Laws of War Corpus (MQLWC): Design, Construction and Use

Lukin

Castro

2022

Int J Semiot Law

View full text Add to dashboard Cite

show abstract

“…To any Occupying State is given the obligations and duties, before the Occupied State, regarding the protection of the human rights of the population. At the same time, the mandatory laws of the International Armed Conflict Law govern, regardless of resistance to the occupation (CRAWFORD; PERT, 2015). If there is resistance, conflicts of rules are accentuated, as the Occupying power must simultaneously protect the human rights of the Occupied Population and do what is necessary and sufficientwithin the principle of the military necessity of IHL -to achieve its military objectives.…”

Section: The Dichotomies In the Field In The Complex Relationship Of Occupant State-occupied Populationmentioning

confidence: 99%

Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts

Guerra

Nagle

Silva

2021

View full text Add to dashboard Cite

This article aims to revisit the interrelationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), in honour of their respective normative scopes and in order to carry out an analysis of their complementary or supplementary application, towards the construction of a more appropriate tool for the protection of human beings in extreme situations, as it occurs during armed conflicts. This is because, amid the multifaceted vulnerabilities that accumulate in today's conflicts, it is essential to provide the most effective source of protection - proportional to the demands for protection that are manifested today, particularly in military occupations around the world, whose occurrence will be the focus of this research. As for the method of approach concerning the logical basis of the investigation, the hypothetical-deductive method was selected, insofar as the corroboration or falsification of the main hypothesis about the effective complementary and harmonious application of IHRL will be tested to cases of human rights violations in International Armed Conflicts in the military occupation modality. Given this framework, the core of this work lies in the understanding of the praxis for the complementary application of both aspects in armed conflicts, considering not only International Human Rights Law as lex generalis, but their effective overlap to the detriment of International Humanitarian Law, when it is most beneficial to human protection in the cases of Military Occupations.

show abstract

“…Intergovernmental Working Group to consider developing an international legal framework to regulate the monitoring and control of PMSCs based on the draft text proposed by the Working Group. 4 Thirtytwo states (including Russia) voted in favor of the establishment of the Working Group, 12 voted against (United Kingdom, United States, etc. ), and three abstained (Switzerland, etc.…”

Section: The Work Of the Open-ended Intergovernmental Working Group Tmentioning

confidence: 99%

Private military and security companies in international law

Skuratova

Королькова

2020

Mosc. j. int. law

View full text Add to dashboard Cite

INTRODUCTION. The article analyses the sources of international law, national legislation of the Russian Federation, as well as that of certain foreign States regulating the operation of private military and security companies (PMSCs) in armed conflict. The article highlights the out-comes of the work of the UN Special Rapporteurs and Working Groups to study the activity of PMSCs and the impact it had on the observance of human rights. The authors further analyze the status of PMSC personnel under international humanitarian law. The article also looks at the positions expressed by the delegations of Member States during the discussion of the 2010 Draft Convention on Private Military and Security Companies (PMSCs) and provides recommendations for developing an appropriate international regulatory framework. The authors also examined State practice of the implementation of the The Montreux Document on Pertinent International Legal Obligations and Good Practices for Statesт Related to Operations of Private Military and Security Companies During Armed Conflict related to the operation of private military and security companies during armed conflict.MATERIALS AND METHODS. The article contains an analysis of the main sources of international law, the documents drafted by the United Nations International Law Commission, special rapporteurs and working groups on the matter, and State practice. It also addresses Russian and foreign legal scholarship. From a methodological perspective, this study relied on the general scientific (analysis, synthesis, systemic approach) and private legal methods of knowledge (formal-legal, comparative legal studies).RESEARCH RESULTS. Based on the study, it is argued that an international treaty should be adopted to regulate the activities of PMSCs, which would establish mechanisms to monitor and hold PMSCs and their employees legally accountable.

show abstract

International Humanitarian Law

Cited by 27 publications

References 161 publications

The Macquarie Laws of War Corpus (MQLWC): Design, Construction and Use

The Macquarie Laws of War Corpus (MQLWC): Design, Construction and Use

Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts

Private military and security companies in international law

Contact Info

Product

Resources

About