Foreign International Law

Mélanie Jacques's Armed Conflict and Displacement: The Protection of Refugees PDF

By Mélanie Jacques

ISBN-10: 1107005973

ISBN-13: 9781107005976

With ’displacement’ because the guiding thread, the aim of this examine is twofold. first of all, it derives from the appropriate provisions of foreign humanitarian legislation a criminal framework for the security of displaced individuals in armed clash, either from and through displacement. It encompasses a case learn on Israeli settlements within the Occupied Palestinian Territory and the hot Advisory Opinion at the Separation Wall, and addresses such matters as humanitarian assistance for displaced folks, the remedy of refugees within the palms of a celebration to a clash and the militarisation of refugee camps. Secondly, it examines the problem of displacement in the broader context of civilian struggle sufferers and identifies and addresses the normative gaps of overseas humanitarian legislation, together with the inadequacy of thoughts reminiscent of ’protected individuals’ and the endurance of the dichotomy among overseas and non-international armed conflicts, that is at odds with the realities of latest armed conflicts.

Show description

Read Online or Download Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law PDF

Best foreign & international law books

Download e-book for kindle: Denial of justice in international law by Jan Paulsson

Denial of justice is without doubt one of the oldest bases of legal responsibility in foreign legislations and is tested via Jan Paulsson during this e-book. the probabilities for prosecuting the offence of denial of justice have advanced in basic methods and it really is now settled legislation that States can't disavow overseas accountability via arguing that their courts are self reliant of the govt.

International Dispute Settlement - download pdf or read online

This e-book is a truly useful advisor for any scholar of legislations or diplomacy. it bargains a transparent exposition of the themes concerned, in addition to examples to make it extra readable. in case you are into overseas legislations, it is a needs to!

Download e-book for iPad: War and Law Since 1945 by Geoffrey Best

Civilization has lengthy attempted to restrict the violence and cruelty of conflict. this crucial new booklet by means of a number one authority on ethics and struggle lines the new historical past of those efforts, and explores key modern matters within the sector. most sensible indicates how the second one international conflict caused reconstruction of foreign legislation, and charts the fortunes of its kin with warfare considering that then.

William Twining's Globalisation and Legal Theory PDF

Even neighborhood newspapers record on famines, worldwide warming, human rights, the web, unstable monetary markets, and international activities. Globalisation is information. What does it suggest? What are the consequences for figuring out legislation? Can one examine legislation intelligently from a world standpoint? This publication addresses such matters via asking how conventional Anglo-American felony idea can reply to the demanding situations of globalisation.

Extra info for Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law

Example text

27; Protocol I, Art. 76 and Protocol II, Art. 4(2)(e)). Protocol I, Art. 51(2) prohibits ‘acts or threats of violence the primary purpose of which is to spread terror among the civilian population’, while Protocol II, Art. 4(2)(d) prohibits acts of terrorism in non-international armed conflicts. Bugnion, ‘R´efugi´es, personnes d´eplac´ees et droit international humanitaire’, 281. IDMC, Global Overview, 2006, p. 17. 15 Additionally, forced population movements in occupied territory can be immediately followed by the settlement of another population with close links to the agent of displacement.

Common Article 3 of the Geneva Conventions states that: ‘Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely’; Article 75(1) Protocol I provides that ‘Persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances’.

Dinstein, The Conduct of Hostilities, 2004, p. 16. , Commentary on the Protocols, pp. 392–3, para. 1389. situations of occupation 31 Article 49(2) expressly allows for evacuations of civilians when justified by ‘imperative military reasons’. What constitutes a legitimate military reason, however, may be difficult to determine. In this regard, two decisions by war crimes tribunals are particularly relevant. 80 After noting that no loss of life directly resulted from the evacuation, the Tribunal concluded that: It is our considered opinion that the conditions, as they appeared to the defendant at the time were sufficient, upon which he could honestly conclude that urgent military necessity warranted the decision made.

Download PDF sample

Armed Conflict and Displacement: The Protection of Refugees and Displaced Persons under International Humanitarian Law by Mélanie Jacques


by John
4.2

Rated 4.10 of 5 – based on 23 votes