Customary International Humanitarian LawJean-Marie Henckaerts, Louise Doswald-Beck, Carolin Alvermann Cambridge University Press, 2005 - Всего страниц: 5066 In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 1: Rules) is the result of that study. Volume 2 contains a summary of the relevant treaty law, international case-law and relevant state practice including legislation, military manuals, case-law, official statements, and official military practice for each aspect of humanitarian law. Also available: Volume 1: Rules 0-521-80899-5 Hardback $100.00 C 0-521-00528-0 Paperback $38.00 D Boxed Set of 3 Volumes: Vol.l: Rules; Vol. 2: Practice: Parts 1 and 2 0-521-53925-0 Hardback $450.00 C |
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58 The report pursuant to paragraph 5 of UN Security | 11 |
62 In its judgement in the Blaˇskic case in 2000 | 12 |
objectives93 Eventually however it was deleted in the plenary because | 17 |
National Caselaw | 21 |
263 Ukraines Criminal Code provides that violencecommitted against | 34 |
III Practice of International Organisations and Conferences | 44 |
and the violence they are perpetrating against the civilian population | 47 |
humanitarian law in Rwanda particularly those perpetrated against the civilian | 48 |
708 The Instructions to the Muslim Fighter issued by the | 2068 |
864 In a press release issued in 1980 the Colombian | 2086 |
III Practice of International Organisations and Conferences | 2090 |
during the internal conflict in El Salvador were in violation | 2094 |
IV Practice of International Judicial and Quasijudicial Bodies | 2095 |
remained from the early stages within the jurisdiction of the | 2100 |
327 As for the facts linked directly to the attack | 2102 |
case refers as was acknowledged by the Minister of Foreign | 2103 |
395 In a resolution adopted in 1998 concerning the question | 52 |
all acts of violence directed against the civilian population including | 53 |
the rebel forces They have systematically mutilated or severed the | 54 |
414 In various reports on the situation of human rights | 55 |
The State of El Salvador through the activities of members | 56 |
IV Practice of International Judicial and Quasijudicial Bodies | 59 |
caused deaths andor serious bodily injuries within the civilian population | 61 |
486 Paragraph 25 of the 1992 Agreement on the Application | 68 |
III Practice of International Organisations and Conferences | 73 |
IV Practice of International Judicial and Quasijudicial Bodies | 75 |
V Practice of the International Red Cross and Red Crescent | 76 |
VI Other Practice | 77 |
II National Practice | 79 |
b Militias ie volunteer groups or persons who being a | 81 |
III Practice of International Organisations and Conferences | 85 |
627 No practice was found | 86 |
National Legislation | 94 |
This definition is subjective and difficult to implement given that | 96 |
VI Other Practice | 97 |
III Practice of International Organisations and Conferences | 100 |
the 1949 Geneva Conventions Reaffirming the customary nature of common | 106 |
VI Other Practice | 107 |
760 Paragraph 25 of the 1992 Agreement on the Application | 108 |
National Caselaw | 111 |
811 In 1999 in a report on human rights in | 114 |
an officers married accommodation However use of children in a | 116 |
viewpoint to differentiate between those individuals actually firing their firearms | 121 |
the masas who accompany the guerrilla troops meet the conditions | 123 |
VI Other Practice | 125 |
or abroad that tend to uphold or perpetuate the oppression | 127 |
Other National Practice | 129 |
II National Practice | 131 |
III Practice of International Organisations and Conferences | 133 |
chapter 2 | 134 |
45 In 1994 in a Memorandum on Compliance with International | 141 |
deal with the question of incidental or collateral damage resulting | 142 |
59 Article 7 of the 1956 New Delhi Draft Rules | 143 |
The requirement that attacks be limited to military objectives results | 144 |
on all86 The report further stated that CINCCENT CommanderinChief | 148 |
stated in part that attacks shall be strictly limited to | 149 |
111 Paragraph 6 of the 1991 Memorandum of Understanding on | 150 |
138 Spains Penal Code punishes | 153 |
a US Deputy Assistant Secretary of Defense wrote that no | 156 |
Attacks which are not directed against military objectives particularly attacks | 160 |
Protocol II Thus while there is no explicit provision affording | 162 |
has targeted these missiles against civilian areas in an obvious | 167 |
The members of the Security Council strongly deplore the | 168 |
IV Practice of International Judicial and Quasijudicial Bodies | 171 |
d flying under the protection of accompanying enemy warships or | 173 |
V Practice of the International Red Cross and Red Crescent | 180 |
Military objective means so far as objects are concerned any | 182 |
II National Practice | 183 |
war strategy in this instance the execution of the Coalition | 188 |
V Practice of the International Red Cross and Red Crescent | 189 |
Disrupting government propaganda may help to undermine the morale of | 190 |
II National Practice | 191 |
III Practice of International Organisations and Conferences | 194 |
421 Paragraph I of the proposed annex to Article 72 | 196 |
V Practice of the International Red Cross and Red Crescent | 200 |
II National Practice | 201 |
487 In 1992 in its final report to Congress on | 204 |
an adequate distancefrom any important military objective constituting a | 205 |
III Practice of International Organisations and Conferences | 208 |
I Treaties and Other Instruments | 211 |
543 The US Naval Handbook lists airfields bridges railyards docks | 213 |
We are directing the aircraft against military targets only military | 214 |
Storm Destruction of a bridge airport or port facility or | 215 |
potential The breaking up of this economic potential has of | 218 |
VI Other Practice | 222 |
Areas of land | 223 |
II National Practice | 224 |
National Caselaw | 226 |
A specific area of land may be a military objective | 227 |
II National Practice | 228 |
exposed to attacks while performing such duties Similarly civilian employees | 229 |
their proximity to a military objective aimed at shielding | 230 |
such an objective or its immediate surroundings share the danger | 232 |
III Practice of International Organisations and Conferences | 235 |
D Loss of Protection from Attack | 236 |
III Practice of International Organisations and Conferences | 240 |
This language which is not a codification of the customary | 245 |
chapter 3 | 247 |
Other Instruments | 248 |
II National Practice | 249 |
anticipated would be inconsistent with the principles of international law | 252 |
II National Practice | 271 |
198 In 1994 in its final report on grave breaches | 275 |
such and clearly designated and assigned The attack shall be | 276 |
I Treaties and Other Instruments | 277 |
IV Practice of International Judicial and Quasijudicial Bodies | 283 |
V Practice of the International Red Cross and Red Crescent | 284 |
Attacks whose effects cannot be limited as required by international | 285 |
Other National Practice | 287 |
law of war prohibits attacks which entail a high risk | 289 |
of weapons the destructive effect of which is so great | 291 |
Other Instruments | 292 |
303 Under Spains LOAC Manual an attack launched while considering | 294 |
National Legislation | 295 |
IV Practice of International Judicial and Quasijudicial Bodies | 296 |
chapter 4 | 297 |
intentionally launching an attack in the knowledge that such attack | 298 |
an indiscriminate attack affecting the civilian population or civilian objects | 309 |
and direct military advantage anticipated are prohibited provides protection | 313 |
the beginning contrary to the principle of proportionality In the | 315 |
I do not believe the action was disproportionate You know | 317 |
III Practice of International Organisations and Conferences | 320 |
many of the artillery bombardments The Bosnian Serb Army forces | 321 |
Their presence will not render military objectives immune from attack | 325 |
in the proportionality test of Articles 51 and 57 AP | 327 |
II National Practice | 328 |
is a part taken as a whole and not from | 329 |
attacks necessarily have to reach decisions on the basis of | 333 |
II National Practice | 334 |
chapter 5 | 336 |
III Practice of International Organisations and Conferences | 341 |
spare and protect all civilians who are not or are | 344 |
to implement policies Members of the AFP and PNP shall | 347 |
National Caselaw | 348 |
111 In 1991 in reply to a question in the | 350 |
III Practice of International Organisations and Conferences | 353 |
IV Practice of International Judicial and Quasijudicial Bodies | 354 |
all parties are obliged to take every feasible precaution to | 356 |
Aspects of the Rules of Engagement specifically the requirement that | 357 |
II National Practice | 359 |
171 At the CDDH Italy stated that the term feasible | 361 |
Certain words in draft Article 5057 AP I created problems | 362 |
Other National Practice | 366 |
a concentrations of civilian persons | 367 |
an attack it is necessary to determine whether the objective | 371 |
IV Practice of International Judicial and Quasijudicial Bodies | 373 |
successfully whether to adopt an alternative method of attack if | 377 |
316 No practice was found | 382 |
attack available a commander should select those which are most | 383 |
VI Other Practice | 384 |
Without prejudice to other precautions required by international humanitarian law | 385 |
its adoption of the Geneva Conventions Amendment Act which incorporates | 390 |
VI Other Practice | 391 |
incidental loss of civilian life injury to civilians damage to | 393 |
IV Practice of International Judicial and Quasijudicial Bodies | 399 |
may be expected to cause incidental loss of civilian life | 400 |
When allowed by military necessity the commander of units bombarding | 405 |
to enter certain areas during certain periods served as an | 408 |
483 In 1991 in response to an ICRC memorandum on | 409 |
III Practice of International Organisations and Conferences | 410 |
The prescriptions of Article 57 and of the corresponding | 411 |
VI Other Practice | 412 |
However there was no warning from NATO that a specific | 413 |
potential risk for the civilian population provided this does not | 416 |
The prescriptions of Article 57 and of the | 418 |
chapter 6 | 419 |
permits information and effective warning must be given concerning defence | 422 |
III Practice of International Organisations and Conferences | 425 |
47 No practice was found | 426 |
II National Practice | 427 |
B Location of Military Objectives outside Densely Populated Areas | 429 |
II National Practice | 430 |
108 In 1992 in a letter to the UN SecretaryGeneral | 436 |
best efforts to distinguish or separate its military forces and | 438 |
IV Practice of International Judicial and Quasijudicial Bodies | 440 |
VI Other Practice | 441 |
134 Article 8 of the 1999 Second Protocol to the | 442 |
organisation of this evacuation are the responsibility of the national | 443 |
The force that has control over the civilians has an | 447 |
III Practice of International Organisations and Conferences | 448 |
Civilian persons and objects shall be removed from military objectives | 449 |
VI Other Practice | 450 |
chapter 7 | 453 |
c any persons made available for humanitarian purposes by a | 458 |
or administration of medical transports Such assignment may be permanent | 459 |
NGOs do not benefit from international legal protection although their | 460 |
in the prevention of disease They are to be respected | 462 |
105 Under the Penal Code as amended of the SFRY | 469 |
and considered that Committee II of the CDDH was not | 471 |
with which US military forces would almost certainly comply as | 472 |
III Practice of International Organisations and Conferences | 473 |
IV Practice of International Judicial and Quasijudicial Bodies | 476 |
VI Other Practice | 479 |
Equipment of medical personnel with light individual weapons | 480 |
Eventuallyhowever subparagraph 3was deleted from Article 17 of draft AP | 481 |
220 The Report on the Practice of Kuwait states that | 485 |
IV Practice of International Judicial and Quasijudicial Bodies | 486 |
234 No practice was found | 487 |
accordance with medical ethics regardless of the nationality or status | 488 |
IV Practice of International Judicial and Quasijudicial Bodies | 491 |
Twelve members of the Lutheran Church the majority of whom | 492 |
VI Other Practice | 496 |
C Religious Personnel | 497 |
V Practice of the International Red Cross and Red Crescent | 506 |
indicate these buildings or places by some particular and visible | 508 |
A belligerent who desires to secure by night the protection | 510 |
Accusations have frequently been made that the rule concerning immunity | 517 |
ensure that such medical facilities are as far as possible | 518 |
498 Under the UK ICC Act it is a punishable | 523 |
528 In 1992 in its final report to Congress on | 527 |
V Practice of the International Red Cross and Red Crescent | 531 |
The protection of medical units ceases only when they are | 538 |
618 Medical establishments which contrary to their intended purpose are | 540 |
installation of an observation post on a hospital roof | 542 |
may not be attacked until after a warning has been | 543 |
National Caselaw | 544 |
647 In a report on the FMLN offensive in El | 547 |
required and they must not intentionally hamper the movement of | 549 |
729 Venezuelas Code of Military Justice as amended provides for | 557 |
purpose of transporting wounded German soldiers Numerous members of the | 558 |
III Practice of International Organisations and Conferences | 559 |
979 Provided prior agreement has been obtained from the enemy | 567 |
has been opened on medical and helicopters and planes in | 573 |
Loss of protection of medical aircraft from attack | 574 |
V Practice of the International Red Cross and Red Crescent | 583 |
VI Other Practice | 587 |
chapter 8 | 588 |
4 Article 72 of the 1994 Convention on the Safety | 589 |
In addition to the special immunity granted to civilian and | 590 |
for them to carry out their humanitarian roles The personnel | 592 |
upon all parties to the conflict in the former Yugoslavia | 597 |
75 In 1996 in a statement by its President the | 598 |
84 In 1997in a statement by its President following the | 599 |
V Practice of the International Red Cross and Red Crescent | 604 |
personnel shall be treated in accordance with universally recognized standards | 607 |
II National Practice | 608 |
abduction and false imprisonment he shall in that part of | 610 |
States intensify their efforts in the dissemination of international humanitarian | 612 |
III Practice of International Organisations and Conferences | 613 |
World Food Programme and of the United Nations High Commissioner | 615 |
assistance official and reiterated the importance it attached to the | 616 |
It called upon all factions to facilitate the work of | 617 |
On 1 November 1996 members of another dissident SPLA group | 623 |
VI Other Practice | 627 |
National Caselaw | 632 |
IV Practice of International Judicial and Quasijudicial Bodies | 637 |
VI Other Practice | 638 |
chapter 9 | 640 |
4 Pursuant to Article 82biii and eiii of the 1998 | 641 |
responsibility to ensure the effective prosecution and punishment of the | 642 |
17 Under Burundis Draft Law on Genocide Crimes against Humanity | 644 |
23 Under the International Crimes Act of the Netherlands the | 645 |
38 In 1991in an appeal addressed to the President of | 647 |
Tajikistan to enhance the protection of international personnel and called | 653 |
resolutions which bind the parties The Council condemned such incidents | 654 |
Nations compound was not a legitimate target whether or not | 657 |
121 In 1994 during a debate in the UN Security | 659 |
chapter 10 | 660 |
II National Practice | 661 |
IV Practice of International Judicial and Quasijudicial Bodies | 668 |
chapter 11 | 671 |
Other Instruments | 672 |
expectant mothers and mothers with children under 7 years of | 675 |
under seven Agreements may be concluded between the belligerents concerning | 676 |
By agreement the parties to a conflict may establish certain | 678 |
Around the Hospital a safety area is established The rules | 682 |
VI Other Practice | 683 |
95 In a report in 1990 the UN SecretaryGeneral referred | 689 |
Attacks on demilitarised zones | 690 |
179 The Report on US Practice considers that US opinio | 699 |
any military operation the sole object of which is its | 700 |
In order to ensure full protection of such place an | 701 |
The town and defended posts form an indivisible whole inasmuch | 702 |
IV Practice of International Judicial and Quasijudicial Bodies | 703 |
that time treat the locality as a nondefended locality unless | 705 |
be passed between the two Parties under customary law and | 706 |
IV Practice of International Judicial and Quasijudicial Bodies | 709 |
undefended and which are not military objectives constitutes a war | 710 |
III Practice of International Organisations and Conferences | 722 |
chapter 12 | 723 |
scientific or charitable purposes on the understanding that they | 724 |
In the event of an armed conflict not of an | 725 |
24 Article 221 of the 1999 Second Protocol to the | 728 |
According to Section 61bix and eiv intentionally directing attacks | 730 |
180 At the CDDH Canada noted that Article 47 bis | 758 |
Protocol Our negative vote should not be taken as | 766 |
230 In 1991 in a report submitted to the UN | 768 |
245 In a resolution adopted in 1992 the UN General | 771 |
making the clearlyrecognized historic monuments works of art or places | 778 |
B Use of Cultural Property for Military Purposes | 779 |
292 Article 8 of the 1999 Second Protocol to the | 781 |
300 Section 66 of the 1999 UN SecretaryGenerals Bulletin provides | 782 |
Other National Practice | 787 |
were incapable of military operations from their position and elected | 789 |
V Practice of the International Red Cross and Red Crescent | 790 |
state or nation may order them to be seized or | 792 |
troops Chinas historical relics and art treasures were also stolen | 800 |
IV Practice of International Judicial and Quasijudicial Bodies | 803 |
description whatsoever which are or have been situated in the | 805 |
III Practice of International Organisations and Conferences | 806 |
II National Practice | 808 |
occupation of Germany after the Second World War a representative | 810 |
official documents looted by Iraqi forces from the Office of | 811 |
stressed that priority should be given to the return by | 813 |
chapter 13 | 814 |
Other Instruments | 816 |
used as a regular significant and direct support to military | 817 |
in tens of thousands of civilian victims and therefore it | 821 |
46 The YPA Military Manual of the SFRY FRY restates | 825 |
military advantage anticipated without prejudice to the criminal nature of | 826 |
the position with highpower explosives which would destroy the dam | 831 |
and destroy parts of an electric power grid such as | 835 |
a particular customer It is also unreasonable for article 56 | 836 |
III Practice of International Organisations and Conferences | 837 |
power stations and other military objectives in the vicinity of | 839 |
listed inter alia the following as a war crime to | 840 |
II National Practice | 841 |
chapter 14 | 844 |
Other Instruments | 845 |
concrete and direct overall military advantage anticipated constitutes a war | 846 |
place at a time when it had been clear to | 853 |
III Practice of International Organisations and Conferences | 854 |
making use of the guidelines for military manuals and instructions | 855 |
Reaffirm and ensure respect for the rules of international humanitarian | 856 |
18 Even when targeting admittedly legitimate military objectives | 857 |
important role greater efforts should therefore be made to ensure | 859 |
B Due Regard for the Natural Environment in Military Operations | 860 |
was suspended However others argued that in such cases under | 864 |
activities of Kuwait and other countries of the region including | 868 |
IV Practice of International Judicial and Quasijudicial Bodies | 869 |
VI Other Practice | 870 |
Partiesshall protect theenvironment during periods of armed conflict In particular | 871 |
National Caselaw | 872 |
III Practice of International Organisations and Conferences | 873 |
b Reasonable measures already taken to clean and restore the | 874 |
IV Practice of International Judicial and Quasijudicial Bodies | 875 |
Article 55 AP I was adopted by consensus136 | 877 |
49 votes in favour 4 against and 7 abstentions142 The | 878 |
157 Paragraph 6 of the 1991 Memorandum of Understanding on | 879 |
of the use of methods or means of warfare which | 882 |
AP I Its exact scope is not yet clear though | 883 |
225 In 1993 in a letter to the President of | 888 |
In its oral pleadings the Solomon Islands further invoked the | 894 |
267 In 1992 in its final report to Congress on | 896 |
III Practice of International Organisations and Conferences | 898 |
Governments consider identifying weapons hostile devices and ways of using | 899 |
damage These are powerful constraints for all the States | 901 |
event of armed conflict Article 55 AP I because its | 902 |
Environmental modification techniques | 903 |
thedynamics composition or structureof the Earth includingitsbiota lithosphere | 904 |
Australia as a signatory to the 1976 ENMOD Convention has | 905 |
It is a general principle of law that the foreseeable | 909 |
reflecting the international communitys consensus that the environment itself | 910 |
International Conferences | 911 |
IV Practice of the International Judicial and Quasijudicial Bodies | 912 |
chapter 15 | 915 |
14 The 2000 UNTAET Regulation No 200015 establishes panels with | 917 |
for that purpose commits a war crime79 The commentary on | 923 |
B Attacks against Persons Hors de Combat | 929 |
II National Practice | 930 |
VI Other Practice | 940 |
Specific categories of persons hors de combat | 941 |
is hors de combat whether by choice or circumstance is | 944 |
252 Indonesias Air Force Manual states that it is prohibited | 948 |
always been applied in combat situations and for this reason | 952 |
himself provided that he refrains in all these cases from | 957 |
334 In the Dostler case before the US Military Commission | 960 |
prisoners of war is evidence of Coalition compliance with its | 963 |
III Practice of International Organisations and Conferences | 964 |
to the hills and others fled to the houses in | 967 |
and 5 of the 1969 ACHR426 Furthermore the perpetrators of | 968 |
II National Practice | 973 |
will regain their liberty through the impending success of their | 975 |
Paragraph 3 of Article 41 AP I dealing with the | 976 |
C Attacks against Persons Parachuting from an Aircraft in Distress | 977 |
if he had been disabled by wounds or sickness or | 978 |
descent As soon as those persons reach the ground they | 985 |
VI Other Practice | 990 |
chapter 16 | 991 |
II National Practice | 992 |
a identification documentsdiscs | 994 |
booty Captured goods belong to the party to the armed | 996 |
The current view seems to be that units may lawfully | 1000 |
appropriation is strictly necessary for reasons of military necessity56 With | 1003 |
imperatively demanded by the necessities of war constitutes a war | 1007 |
necessarily make quick decisions to meet the particular situation of | 1024 |
III Practice of International Organisations and Conferences | 1025 |
The crime of extensive destruction of property as a grave | 1028 |
VI Other Practice | 1029 |
In violation of the 1907 HR public municipal and national | 1035 |
VI Other Practice | 1036 |
VI Other Practice | 1044 |
Art 42 Requisitions shall be made only with the authorization | 1046 |
The right to billet troops on the inhabitants follows from | 1053 |
coercion present in an agreement relating to the purchase of | 1070 |
purposes Soldiers are not allowed to become thieves or bandits | 1080 |
591 Germanys Law Introducing the International Crimes Code punishes | 1090 |
property by force collects money or goods without being duly | 1091 |
683 In 1990 during a debate in the UN Security | 1102 |
690 During the IranIraq War Iran claimed that inhabitants of | 1103 |
to approval by Government whereas appropriation of property by individuals | 1105 |
IV Practice of International Judicial and Quasijudicial Bodies | 1111 |
andlivestock799 Hewas convicted bytheTribunalon this countTheTribunal | 1113 |
VI Other Practice | 1114 |
II National Practice | 1116 |
799 In 1993 in meetings with the ICRC officials of | 1122 |
chapter 17 | 1123 |
98 At the CDDH the Swedish delegate appealed urgently to | 1134 |
106 In 1990 in the UN Sanctions Committee on Iraq | 1135 |
V Practice of the International Red Cross and Red Crescent | 1137 |
noninternational armed conflict in its list of war crimes to | 1138 |
III Practice of International Organisations and Conferences | 1141 |
IV Practice of International Judicial and Quasijudicial Bodies | 1143 |
Other Instruments | 1144 |
VI Other Practice | 1148 |
d livestock | 1151 |
considered indispensable to the survival of the civilian population instead | 1160 |
IV Practice of International Judicial and Quasijudicial Bodies | 1163 |
Attacks against objects used to sustain or support the adverse | 1166 |
military target eg drinking water installations as such objects are | 1167 |
National Caselaw | 1169 |
VI Other Practice | 1170 |
civilian population in times of enemy invasion of the national | 1173 |
International Conferences | 1174 |
2 The parties to the conflict and any High Contracting | 1176 |
life inter alia the deprivation of access to food and | 1177 |
against humanity when committed as part of a widespread or | 1179 |
party and the Bosnian Croat party allow forthwith and without | 1195 |
486 In 1997 in a statement by its President regarding | 1196 |
511 In a resolution adopted in 2000 on the situation | 1200 |
IV Practice of International Judicial and Quasijudicial Bodies | 1205 |
control If the civilian population is not adequately provided | 1208 |
Impediment of humanitarian relief | 1210 |
of the Protecting Power The Occupant must facilitate the | 1211 |
III Practice of International Organisations and Conferences | 1214 |
parties concerned of serious consequences in accordance with relevant resolutions | 1216 |
main seaport and other transportation facilities severely aggravates the present | 1218 |
difficulties when entering the refugee camps a complaint echoed by | 1221 |
II National Practice | 1225 |
National Caselaw | 1226 |
Right of the civilian population in need to receive humanitarian | 1228 |
as vulnerable groups from international assistance inter alia in conformity | 1229 |
National Legislation | 1230 |
707 In 1998 in a report on protection for humanitarian | 1233 |
719 At its Birmingham Session in 1993 the Council of | 1235 |
Taliban do everything possible to assure thefreedom of movement of | 1239 |
753 In 1996 in a statement by its President regarding | 1240 |
V Practice of the International Red Cross and Red Crescent | 1242 |
Red Cross personnel and medical personnel called upon to assist | 1243 |
chapter 18 | 1244 |
A Ruses of War | 1245 |
IV Practice of International Judicial and Quasijudicial Bodies | 1258 |
as well as simulating operations of attack using dummy weapons | 1259 |
I Treaties and Other Instruments | 1270 |
II National Practice | 1276 |
and nonmedical stores A hospital train must not be used | 1281 |
ships airplanes or other modes of transportation or other buildings | 1282 |
Tajikistan which goes against the Law the 1949 Geneva Conventions | 1305 |
Whoever whether a corporation association or person other than the | 1308 |
III Practice of Internatinal Organisations and Conferences | 1312 |
IV Practice of International Judicial and Quasijudicial Bodies | 1313 |
such emblems identity cards signs signals insignia or | 1322 |
III Practice of International Organisations and Conferences | 1326 |
IV Practice of International Judicial and Quasijudicial Bodies | 1327 |
I Treaties and Other Instruments | 1328 |
II National Practice | 1329 |
626 No practice was found | 1339 |
Other Instruments | 1340 |
II National Practice | 1341 |
713 Spains Penal Code punishes anyone who during an armed | 1351 |
determining the responsibility of Turkey In fact recalling the practice | 1354 |
The clothing of neutral nations must never be worn by | 1356 |
On Land The law of armed conflict applicable to land | 1358 |
III Practice of International Organisations and Conferences | 1360 |
II National Practice | 1361 |
IV Practice of International Judicial and Quasijudicial Bodies | 1368 |
The distinction between stratagem which is allowed and perfidious or | 1372 |
to his interests Thus to be consistent with the law | 1373 |
VI Other Practice | 1378 |
Other Instruments | 1379 |
II National Practice | 1380 |
Assassination is prohibited Assassination means the killing or wounding of | 1381 |
Assassination that is the killing or wounding of a selected | 1382 |
civilians This article has been construed as prohibiting assassination proscription | 1384 |
the requisite intent would be an intent to kill injure | 1388 |
capture an adversary by resort to perfidy is a general | 1389 |
III Practice of International Organisations and Conferences | 1393 |
Simulation of surrender | 1394 |
crime1187 In addition the manual states that the following acts | 1400 |
Perfidious acts include the feigning of an intent to surrender | 1403 |
VI Other Practice | 1404 |
Other Instruments | 1405 |
IV Practice of International Judicial and Quasijudicial Bodies | 1414 |
I Treaties and Other Instruments | 1415 |
II National Practice | 1416 |
and activities For example using an ambulance or medical aircraft | 1418 |
IV Practice of International Judicial and Quasijudicial Bodies | 1428 |
1330 The 2000 UNTAET Regulation No 200015 establishes panels with | 1430 |
III Practice of International Organisations and Conferences | 1436 |
IV Practice of International Judicial and Quasijudicial Bodies | 1437 |
II National Practice | 1438 |
IV Practice of International Judicial and Quasijudicial Bodies | 1443 |
feigning before an attack of noncombatant status was considered as | 1444 |
protection of persons or property laid down inthe two additional | 1448 |
1489 In the Nwaoga case before the Supreme Court of | 1449 |
lackedthenecessary meansto provide uniformsfor membersof their national forces | 1452 |
I Treaties and Other Instruments | 1453 |
III Practice of International Organisations and Conferences | 1457 |
chapter 19 | 1458 |
II National Practice | 1459 |
and for longer lasting interruptions of combat written agreements shall | 1460 |
nonhostile intercourse otherwise prohibited by reason of the existence of | 1464 |
IV Practice of International Judicial and Quasijudicial Bodies | 1467 |
II National Practice | 1468 |
law It may indicate that the party hoisting it desires | 1471 |
III Practice of International Organisations and Conferences | 1472 |
II National Practice | 1473 |
A person to be regarded as a parlementaire must be | 1475 |
III Practice of International Organisations and Conferences | 1476 |
V Practice of the International Red Cross and Red Crescent | 1479 |
firing on a | 1485 |
V Practice of the International Red Cross and Red Crescent | 1490 |
235 Article 33 of the 1907 HR provides that the | 1491 |
things that are military secrets If military interest requires | 1493 |
VI Other Practice | 1494 |
law the right to retain a parlementaire so long as | 1496 |
IV Practice of International Judicial and Quasijudicial Bodies | 1497 |
II National Practice | 1498 |
Other National Practice | 1501 |
chapter 20 | 1505 |
1 This Convention and its annexed Protocols shall apply in | 1508 |
These criteria have been used in all arms limitation negotiations | 1518 |
122 In a memorandum in 1991 Australias Department of Foreign | 1524 |
auspicesof the International Committee of the Red Cross in close | 1525 |
All international customary law and all treaties regulating the conduct | 1529 |
Suffering may be called unnecessary when its infliction is not | 1532 |
AP I reproduces with slight changes Art 35 the abovementioned | 1534 |
197 In 1988 in a memorandum on laser weapons the | 1540 |
Although the United States has made the formal decision that | 1541 |
particular weapon causes unnecessary suffering depends therefore on whether its | 1542 |
humanitarian lawprohibits the useofweaponsprojectiles materialand | 1548 |
on them under international humanitarian law States and the | 1549 |
V Practice of the International Red Cross and Red Crescent | 1551 |
Project illustrated in particular the effects not normally seen on | 1553 |
employing weapons projectiles and material and methods of warfare | 1555 |
II National Practice | 1556 |
National Legislation | 1561 |
317 In its written statement submitted to the ICJ in | 1566 |
bombs landmines and boobytraps missiles delayed action weapons and naval | 1578 |
397 In its review of the indictment in the Martic | 1581 |
VI Other Practice | 1582 |
III Practice of International Organisations and Conferences | 1589 |
chapter 21 | 1590 |
11 The 2000 UNTAET Regulation No 200015 establishes panels with | 1591 |
It is forbidden to poison water sources arrows or bullets | 1593 |
III Practice of International Organisations and Conferences | 1601 |
chapter 22 | 1604 |
4 During this debate the ICRC also expressed its opinion | 1606 |
chapter 23 | 1607 |
6 In September 1991 Argentina Brazil and Chile signed the | 1609 |
international humanitarian law These include in particular the prohibition | 1610 |
consequently considers that the bans established partly by customary law | 1618 |
Prior to ratification of the 1972 BWC the Danish governmental | 1624 |
His country had been among the first to accede to | 1626 |
prohibition of the use in war of bacteriological | 1632 |
without the Governments permission The provisions of the Convention | 1637 |
205 In 1970 in the context of the adoption of | 1639 |
H The Russian Parliament has recommended to the President of | 1641 |
cause superfluous injury or unnecessary suffering these included bacteriological | 1644 |
the soldiers rather than those who made the decision as | 1645 |
239 At the CDDH the SFRY voted in favour of | 1647 |
247 A large number of UN General Assembly resolutions call | 1648 |
259 In his message at the opening of the Fifth | 1652 |
and of Bacteriological Methods of Warfare signed on 17 June | 1654 |
chapter 24 | 1658 |
maintained a lethal and incapacitating chemical weapons capability for deterrence | 1668 |
treaty law on the use of chemical weapons | 1677 |
The need for all States without exception to abide in | 1681 |
using inter alia chemical weapons and causing mass exodus to | 1682 |
175 During the 1990 Session of the Conference on Disarmament | 1685 |
224 At the 1989 Session of the Conference on Disarmament | 1692 |
use of chemical weapons for the purpose of destroying | 1695 |
395 In 1970 in the context of the adoption of | 1716 |
of using chemical weapons in retaliation should the need arise | 1723 |
III Practice of International Organisations and Conferences | 1725 |
between Iran and Iraq conclusions that chemical weapons continue to | 1726 |
476 In 1988 in a note with regard to a | 1732 |
524 An article in the Bulletin of the Atomic Scientists | 1742 |
II National Practice | 1744 |
national policy renounced the first use of riot control agents | 1746 |
uses riot control materials as a means of | 1748 |
New Guinea the civil constabulary are trained in the use | 1749 |
their suppression of a demonstration in Tbilisi in April 1988 | 1752 |
the 1925 Geneva Gas Protocol CS is in fact less | 1753 |
In a written answer to this question the UK Minister | 1754 |
support the view that riotcontrol agents are not covered by | 1756 |
majority of states including the Soviets and they would presumably | 1757 |
understanding of our allies and treaty signatories even for humanitarian | 1758 |
disabling effect used in the definition of RCAs Thus some | 1759 |
III Practice of International Organisations and Conferences | 1761 |
IV Practice of International Judicial and Quasijudicial Bodies | 1762 |
the US stated with respect to the then still draft | 1768 |
IV Practice of International Judicial and Quasijudicial Bodies | 1770 |
chapter 25 | 1771 |
According to Section 61bxix employing bullets which expand or flatten | 1772 |
Although none of the treaty rules expressly applicable to internal | 1778 |
handgun bullets presents some advantages such as the avoidance of | 1779 |
Weighing the increased performance of the pointed ogival spitzer tip | 1782 |
III Practice of International Organisations and Conferences | 1784 |
IV Practice of International Judicial and Quasijudicial Bodies | 1785 |
VI Other Practice | 1786 |
chapter 26 | 1787 |
This provision applies equally to states which are parties to | 1788 |
solely against combatant personnel because of the St Petersburg Declaration | 1789 |
V Practice of the International Red Cross and Red Crescent | 1793 |
chapter 27 | 1795 |
which in the human body escape detection by Xrays eg | 1798 |
III Practice of International Organisations and Conferences | 1801 |
chapter 28 | 1803 |
adequately for the right of a state victim of an | 1805 |
15 Article 73 of the 1996 Amended Protocol II to | 1806 |
II National Practice | 1808 |
protective measures for civilians such as warning signs sentries fences | 1810 |
a internationally recognized protective emblems and signs | 1811 |
2 The commander of the emplacing unit must manage the | 1817 |
of the Use of LandMines and Other Devices Article 5 | 1818 |
Experts on the Use of Certain Conventional Weapons in Lugano | 1820 |
chapter 29 | 1826 |
is designed so that the mine will no longer function | 1827 |
3 In case of armed conflicts not of an international | 1828 |
1999 does not achieve total legislative implementation of the Treaty | 1832 |
Other National Practice | 1833 |
and were therefore indiscriminate Moreover such devices generally exploded close | 1838 |
both sides parties to the Ottawa Convention For this purpose | 1839 |
Turkey is fully conscious of the casualties and the ensuing | 1844 |
number of States Parties have formally committed themselves to a | 1857 |
V Practice of the International Red Cross and Red Crescent | 1858 |
2 Effective advance warning shall be given of any delivery | 1864 |
205 Upon acceptance of the 1996 Amended Protocol II to | 1867 |
208 Upon acceptance of the 1996 Amended Protocol II to | 1868 |
paragraph 3 of the amended Protocol to clarify that mines | 1869 |
216 Upon acceptance of the 1996 Amended Protocol II to | 1870 |
II National Practice | 1871 |
protect civilians from their effects for example the posting of | 1874 |
target discrimination In the case of noncommand detonated land mines | 1876 |
to try to lay stress on their inhuman aspects or | 1880 |
care not to create additional risks to life in attacking | 1886 |
V Practice of the International Red Cross and Red Crescent | 1893 |
334 According to the Report on the Practice of El | 1896 |
ii the term preplanned as used in subparagraph 1a of | 1899 |
that security interests require such withholding until neither party is | 1900 |
grave concern at the indiscriminate use of antipersonnel landmines in | 1911 |
programme but that a more precise global assessment of the | 1912 |
V Practice of the International Red Cross and Red Crescent | 1914 |
cooperate with mineclearance organizations according to humanitarian priorities | 1915 |
chapter 30 | 1916 |
weapons whose production importation possession and use is also | 1917 |
of the targets attacked would entail the acceptance of one | 1925 |
For the purpose of crushing the resistance of the Arabs | 1930 |
III Practice of International Organisations and Conferences | 1931 |
91 No practice was found | 1934 |
II National Practice | 1939 |
129 The Military Manual of the Netherlands defines incendiary weapons | 1942 |
agreement was to be reached on anything specific that would | 1950 |
167 With respect to the decision by the US whether | 1951 |
IV Practice of International Judicial and Quasijudicial Bodies | 1953 |
VI Other Practice | 1954 |
Other Instruments | 1955 |
the extensive debate on the total prohibition of the use | 1959 |
211 No practice was found | 1960 |
chapter 31 | 1961 |
There is no evidence of any actual use of blinding | 1965 |
III Practice of International Organisations and Conferences | 1971 |
The ICRC is very pleased that a large number of | 1977 |
II National Practice | 1980 |
VI Other Practice | 1982 |
chapter 32 | 1985 |
National Caselaw | 1992 |
65 According to the Report on US Practiceit is the | 1993 |
reflected what the Court in 1949 in the Corfu Channel | 1994 |
Civilians | 1996 |
II National Practice | 1997 |
Other International Organisations | 2001 |
VI Other Practice | 2002 |
III Practice of International Organisations and Conferences | 2006 |
Persons deprived of their liberty | 2008 |
II National Practice | 2010 |
321 In its General Comment on Article 4 of the | 2020 |
All of this has not been contested by the State | 2021 |
342 In a press release issued in 1994 during the | 2023 |
VI Other Practice | 2024 |
wounds detention or any other cause shall in all circumstances | 2025 |
kind as to race colour sex language religion political or | 2026 |
II National Practice | 2029 |
forbidden364 The Pamphlet quotes Article 1 of the 1945 UN | 2033 |
III Practice of International Organisations and Conferences | 2036 |
international or internal in character and directed against any civilian | 2040 |
III Practice of International Organisations and Conferences | 2042 |
VI Other Practice | 2043 |
III Practice of International Organisations and Conferences | 2047 |
548 Article 16 GC III provides that all prisoners of | 2049 |
III Practice of International Organisations and Conferences | 2052 |
Apartheid | 2053 |
religious grounds involving the violation of fundamental human rights and | 2054 |
627 Under Norways Military Penal Code as amended anyone who | 2058 |
638 In 1981 during a debate in the UN General | 2059 |
practices of apartheid and other inhuman and degrading practices | 2061 |
658 Article 13 first paragraph GC III provides that any | 2062 |
military operations and persons placed hors de combat is prohibited | 2067 |
1014 Article 5c of the 1946 IMT Charter Tokyo established | 2110 |
1224 In its judgement in the General Security Service case | 2136 |
III Practice of International Organisations and Conferences | 2140 |
1265 In 1996 in a report on the situation of | 2142 |
International Conferences | 2143 |
V Practice of the International Red Cross and Red Crescent | 2147 |
VI Other Practice | 2149 |
him or a third person information or a confession punishing | 2150 |
natural senses such as sight or hearing or of his | 2151 |
IV Practice of International Judicial and Quasijudicial Bodies | 2153 |
from the specific viewpoint of international criminal law relating to | 2155 |
his right to be treated with humanity and with respect | 2158 |
amounted to torture indeed the Court would have reached that | 2160 |
VI Other Practice | 2161 |
National Legislation | 2164 |
International Conferences | 2166 |
humanitarian law applicable in noninternational armed conflicts be subject | 2167 |
prohibited According to Article 147 conducting biological experiments on | 2168 |
1421 Pursuant to Article 82bx and exi of the 1998 | 2170 |
1430 According to Section 72 of the 1999 UN SecretaryGenerals | 2171 |
a to acts causing physical mutilations | 2180 |
of Santiago stated that common Article 3 of the 1949 | 2186 |
Other International Organisations | 2188 |
1658 The Penal Code as amended of the SFRY FRY | 2202 |
III Practice of International Organisations and Conferences | 2205 |
1690 In a resolution adopted in 1995 on rape and | 2207 |
The report also emphasised that unwanted pregnancy resulting from forced | 2209 |
In additiontotreatylawtheprohibition ofslavery isajus cogensnorm in customary | 2211 |
That trafficking in women adolescents and children for exploitation in | 2214 |
war crime is also reflected in the Rome Statute where | 2219 |
16 Wars armed conflicts and the occupation of territories often | 2220 |
diminished in effect his human dignity It must have left | 2222 |
The wages of the prisoners shall go towards improving their | 2226 |
1799 The 2000 UNTAET Regulation No 200015 establishes panels with | 2231 |
1858 The Penal Code as amended of the SFRY FRY | 2237 |
III Practice of International Organisations and Conferences | 2240 |
IV Practice of International Judicial and Quasijudicial Bodies | 2243 |
a system to carry that policy into execution the Japanese | 2244 |
Compelling persons to serve in the forces of a hostile | 2246 |
II National Practice | 2248 |
The Occupying Power must not compel protected persons to serve | 2250 |
in the form ofcompelling civilians to join in the armed | 2262 |
2199 In 1976 during a debate in the Sixth Committee | 2277 |
IV Practice of International Judicial and Quasijudicial Bodies | 2282 |
VI Other Practice | 2285 |
2307 Under Yemens Military Criminal Code the use of civilians | 2292 |
brought in front of their units women and children expecting | 2298 |
their deep concern at the unscrupulous use of prisoners of | 2300 |
VI Other Practice | 2302 |
whereabouts of those persons with the intention of removing them | 2303 |
2381 Under Article 18i of the 1996 ILC Draft Code | 2304 |
National Caselaw | 2307 |
III Practice of International Organisations and Conferences | 2308 |
The Committee understands the continued anguish and mental stress caused | 2313 |
VI Other Practice | 2316 |
III Practice of International Organisations and Conferences | 2318 |
Other International Organisations | 2319 |
Close vigilance by the high officials and by the Judicial | 2320 |
Investigation of enforced disappearance | 2321 |
III Practice of International Organisations and Conferences | 2323 |
IV Practice of International Judicial and Quasijudicial Bodies | 2325 |
L Deprivation of Liberty | 2328 |
2553 The US Field Manual states that unlawful confinement of | 2331 |
III Practice of International Organisations and Conferences | 2338 |
safeguards may never be made subject to measures that would | 2342 |
which it found that the detention was strictly required by | 2343 |
tribunal Those acts directly violate the right to personal liberty | 2344 |
made in accordance with a regular procedure to be prescribed | 2346 |
III Practice of International Organisations and Conferences | 2347 |
Prompt information of the reasons for deprivation of liberty | 2348 |
II National Practice | 2349 |
2708 The Report on the Practice of Jordan states that | 2350 |
2715 In Van der Leer v Netherlands in 1990 dealing | 2351 |
shallbe brought before a judge or other competent judicial authority | 2353 |
person or his counsel shall be entitled at any time | 2357 |
If it is considered necessary for imperative reasons of security | 2363 |
Other Instruments | 2366 |
Governments shall prohibit by law all extralegal arbitrary and summary | 2367 |
II National Practice | 2369 |
No sentence may be passed and no penalty may be | 2370 |
the right to introduce evidence to be confronted by witnesses | 2386 |
2998 In its General Comment on Article 4 of the | 2392 |
3015 In its judgement in McElhinney v Ireland in 2001 | 2397 |
and facilities to prepare a defense the right to legal | 2398 |
3049 Article 671 of the 1998 ICC Statute provides that | 2403 |
III Practice of International Organisations and Conferences | 2408 |
Presumption of innocence | 2416 |
the peace and security of mankind shall be presumed innocent | 2418 |
III Practice of International Organisations and Conferences | 2420 |
the suspicion of guilt then it is essentially substituting pretrial | 2422 |
judicialguaranteesincludingthat anyonechargedwithanoffenceispresumed | 2423 |
the accused should know the exact nature of the | 2428 |
provided that the information indicates both the law and the | 2429 |
without payment by him in any such case if he | 2431 |
Other Instruments | 2432 |
3242 Article 472 of the 2000 EU Charter of Fundamental | 2435 |
International Conferences | 2440 |
Trial without undue delay | 2445 |
3315 Article 47 of the 2000 EU Charter of Fundamental | 2447 |
3329 No practice was found | 2448 |
Subparagraph 3 c provides that the accused shall be tried | 2449 |
V Practice of the International Red Cross and Red Crescent | 2450 |
3372 The US Air Force Commanders Handbook states that in | 2454 |
VI Other Practice | 2456 |
and speaks have free of any cost the assistance of | 2457 |
3412 The US Naval Handbook states that at a minimum | 2459 |
3421 In its views in Cadoret and Le Bihan v | 2460 |
V Practice of the International Red Cross and Red Crescent | 2461 |
II National Practice | 2464 |
V Practice of the International Red Cross and Red Crescent | 2467 |
Compelling accused persons to testify against themselves or to confess | 2468 |
3484 Article 174g of the 2002 Statute of the Special | 2469 |
Public proceedings | 2473 |
Other National Practice | 2477 |
It was not considered realistic in view of the present | 2482 |
Other Instruments | 2483 |
III Practice of International Organisations and Conferences | 2485 |
3619 In its decision in Malawi African Association and Others | 2487 |
Non bis in idem | 2488 |
national court of Sierra Leone for acts for which he | 2490 |
3659 The US Air Force Pamphlet provides that Article 86 | 2492 |
V Practice of the International Red Cross and Red Crescent | 2493 |
3690 Article 49 of the 2000 EU Charter of Fundamental | 2496 |
III Practice of International Organisations and Conferences | 2499 |
criminal law This means a clear definition of the criminalized | 2500 |
punishments for acts of others that | 2505 |
VI Other Practice | 2512 |
I Treaties and Other Instruments | 2513 |
2 No one shall be subject to restrictions that might | 2514 |
VI Other Practice | 2525 |
I Treaties and Other Instruments | 2526 |
Other Instruments | 2528 |
A substantial body of rules and standards already confirms the | 2533 |
chapter 33 | 2537 |
I Treaties and Other Instruments | 2538 |
IV Practice of International Judicial and Quasijudicial Bodies | 2545 |
51 Article 4A6 GC III grants POW status to persons | 2546 |
forces and are not entitled to be treated as prisoners | 2549 |
VI Other Practice | 2550 |
II National Practice | 2552 |
civilian population are considered combatants and members of the armed | 2554 |
117 At the CDDH Colombia abstained in the vote on | 2557 |
demandedby humanitarian principles iserodedbyArticle42toanunacceptable | 2558 |
128 At the CDDH the Netherlands stated that it understood | 2559 |
In situations where owing to the nature of hostilities an | 2561 |
Thus soldiers not in disguise who have penetrated into the | 2562 |
II National Practice | 2563 |
information to an opposing belligerent Members of the armed forces | 2564 |
V Practice of the International Red Cross and Red Crescent | 2566 |
has succeeded in completing his mission and returning to his | 2570 |
cease to be spies as soon as they return to | 2572 |
VI Other Practice | 2574 |
234 Article 1 of the 1977 OAU Convention against Mercenarism | 2575 |
a is specially recruited locally or abroad in order to | 2576 |
mercenary in AP I is so narrow that few persons | 2577 |
III Practice of International Organisations and Conferences | 2580 |
Status of mercenaries | 2581 |
Other National Practice | 2584 |
dealing with prisoners of war do not apply in civil | 2587 |
318 In 1985 in a meeting with the ICRC a | 2588 |
VI Other Practice | 2589 |
chapter 34 | 2590 |
5 Article 15 first paragraph GC I provides that at | 2591 |
inhabitants and relief societies even in invaded or occupied areas | 2597 |
IV Practice of International Judicial and Quasijudicial Bodies | 2602 |
Local arrangements shall be concluded for the search and removal | 2603 |
Evacuation | 2604 |
III Practice of International Organisations and Conferences | 2611 |
V Practice of the International Red Cross and Red Crescent | 2613 |
treatment through or in consultation with medical personnel from outside | 2617 |
To demonstrate AFP and government concern for the population military | 2623 |
309 According to the Report on the Practice of the | 2628 |
326 No practice was found | 2630 |
I Treaties and Other Instruments | 2633 |
II National Practice | 2634 |
V Practice of the International Red Cross and Red Crescent | 2638 |
C Protection of the Wounded Sick and Shipwrecked against Pillage | 2640 |
414 Section 72 of the 1999 UN SecretaryGenerals Bulletin states | 2641 |
IV Practice of International Judicial and Quasijudicial Bodies | 2651 |
VI Other Practice | 2654 |
chapter 35 | 2655 |
III Practice of International Organisations and Conferences | 2661 |
B Treatment of the Dead | 2662 |
National Caselaw | 2667 |
Other National Practice | 2668 |
VI Other Practice | 2669 |
126 Article 15 first paragraph GC I provides that at | 2670 |
shall be guilty of looting and liable on conviction by | 2677 |
is guilty of looting and on conviction by courtmartial liable | 2679 |
VI Other Practice | 2681 |
C Return of the Remains and Personal Effects of the | 2682 |
IV Practice of International Judicial and Quasijudicial Bodies | 2687 |
VI Other Practice | 2688 |
II National Practice | 2689 |
VI Other Practice | 2692 |
place whatsoever with respect to persons hors de combat Article | 2693 |
354 The US Operational Law Handbook provides that the Parties | 2695 |
III Practice of International Organisations and Conferences | 2696 |
International Conferences | 2697 |
Other Instruments | 2698 |
VI Other Practice | 2700 |
Other Instruments | 2701 |
III Practice of International Organisations and Conferences | 2703 |
Burial in individual or collective graves | 2704 |
452 The YPA Military Manual of the SFRY FRY stipulates | 2706 |
V Practice of the International Red Cross and Red Crescent | 2707 |
VI Other Practice | 2709 |
III Practice of International Organisations and Conferences | 2712 |
II National Practice | 2716 |
burial shall begin and that identifyingthe bodies is a highly | 2720 |
III Practice of International Organisations and Conferences | 2726 |
IV Practice of International Judicial and Quasijudicial Bodies | 2727 |
II National Practice | 2728 |
III Practice of International Organisations and Conferences | 2730 |
VI Other Practice | 2731 |
graves had undertaken considerable efforts towards establishing the fate of | 2734 |
Other Instruments | 2735 |
the other half evacuated With respect to the dead with | 2737 |
III Practice of International Organisations and Conferences | 2739 |
forwarding of information concerning the dead to the Power on | 2741 |
chapter 36 | 2742 |
Article 33 AP I was adopted by consensus1 | 2743 |
1 information is collected and registered concerning the missing person | 2745 |
III Practice of International Organisations and Conferences | 2747 |
47 In the Caballero Delgada and Santana case before the | 2749 |
Article 33 AP I was adopted by consensus49 | 2751 |
III Practice of International Organisations and Conferences | 2754 |
IV Practice of International Judicial and Quasijudicial Bodies | 2756 |
under certain circumstances the State is obligated to use the | 2757 |
99 The 1991 Rules of Procedure of the Joint Commission | 2758 |
III Practice of International Organisations and Conferences | 2760 |
and coordination mechanisms as may be necessary based on humanitarian | 2762 |
the Working Group on Persons Unaccounted For towards establishing the | 2763 |
Right of the families to know the fate of their | 2765 |
II National Practice | 2766 |
National Caselaw | 2768 |
169 In an explanatory memorandum submitted to parliament in 1990 | 2769 |
III Practice of International Organisations and Conferences | 2770 |
IV Practice of International Judicial and Quasijudicial Bodies | 2772 |
of reparation and as such an expectation of the next | 2774 |
chapter 37 | 2775 |
Other International Organisations | 2787 |
prison clothing medicine coats and toiletries required by the inmates | 2789 |
I Treaties and Other Instruments | 2790 |
National Caselaw | 2794 |
I Treaties and Other Instruments | 2796 |
V Practice of the International Red Cross and Red Crescent | 2801 |
III Practice of International Organisations and Conferences | 2807 |
E Pillage of the Personal Belongings of Persons Deprived of | 2808 |
III Practice of International Organisations and Conferences | 2813 |
keep an individual return for each prisoner of war It | 2815 |
300 Section 8a of the 1999 UN SecretaryGenerals Bulletin regarding | 2817 |
National Caselaw | 2821 |
338 In a resolution adopted in 1985 on the question | 2822 |
V Practice of the International Red Cross and Red Crescent | 2823 |
shall have free access to all captured combatants in order | 2827 |
of detention and labour and may interview PWs and PWs | 2828 |
III Practice of International Organisations and Conferences | 2833 |
ICRC to visit and register any persons detained against their | 2834 |
IV Practice of International Judicial and Quasijudicial Bodies | 2837 |
the International Red Cross and Red Crescent Movement Article 52 | 2838 |
II National Practice | 2843 |
Any prohibition of correspondence ordered for military or political reasons | 2846 |
VI Other Practice | 2849 |
I Treaties and Other Instruments | 2853 |
II National Practice | 2854 |
International Conferences | 2859 |
K Release and Return of Persons Deprived of Their Liberty | 2860 |
the completion of the penalty The same shall apply to | 2861 |
VI Other Practice | 2881 |
Unconditional release | 2882 |
representatives to return 26 prisoners of war freed earlier by | 2883 |
V Practice of the International Red Cross and Red Crescent | 2884 |
two years maximum He also stated that if after two | 2885 |
agreed to conduct a stepbystep exchange of an equal number | 2886 |
prescribed by the parties thereto and exchanges need not necessarily | 2887 |
III Practice of International Organisations and Conferences | 2888 |
V Practice of the International Red Cross and Red Crescent | 2891 |
over in groups all those prisoners of war in its | 2892 |
II National Practice | 2893 |
855 The US Air Force Pamphlet provides that no wounded | 2894 |
Destination of returning persons | 2896 |
International Conferences | 2898 |
IV International Judicial and Quasijudicial Bodies | 2900 |
The joint Red Cross teams shall assist in the execution | 2901 |
chapter 38 | 2908 |
38 The 2000 UNTAET Regulation No 200015 establishes panels with | 2913 |
183 In 1995 during a debate in the UN Security | 2932 |
III Practice of International Organisations and Conferences | 2933 |
caused them to abandon the village and move elsewhere However | 2941 |
VI Other Practice | 2942 |
Other Instruments | 2943 |
Nevertheless the occupying Power may undertake total or partial evacuation | 2944 |
International Conferences | 2950 |
Ethnic cleansing | 2951 |
IV Practice of International Judicial and Quasijudicial Bodies | 2956 |
342 Under Article 82bviii of the 1998 ICC Statute unlawful | 2957 |
425 In 1997 in a working paper on war crimes | 2970 |
II National Practice | 2972 |
International Conferences | 2978 |
V Practice of the International Red Cross and Red Crescent | 2979 |
received under satisfactory conditions of shelter hygiene health safety and | 2980 |
II National Practice | 2981 |
National Caselaw | 2982 |
III Practice of International Organisations and Conferences | 2983 |
VI Other Practice | 2986 |
V Practice of the International Red Cross and Red Crescent | 2992 |
all Parties to the conflict shall take all feasible precautions | 2993 |
National Caselaw | 2996 |
608 In 1994 in its initial report to the CRC | 2997 |
UN Commission on Human Rights on Violence against Women Its | 3001 |
Concerning categories of persons deserving special protection we draw attention | 3003 |
Recognizes that actions by the international community in consultation and | 3008 |
assisting the return and reintegration of refugees and displaced persons | 3014 |
III Practice of International Organisations and Conferences | 3015 |
continued obstruction to the return of the refugees and displaced | 3017 |
refugees can contribute to a peaceful settlement of the conflict | 3022 |
783 To fulfil its task of disseminating IHL the ICRC | 3023 |
844 In 1996 in a report concerning the situation in | 3033 |
855 In the Final Declaration of the Kosovo International Human | 3035 |
872 In 1996 in a report concerningBosnia and HerzegovinatheUN Secretary | 3038 |
V Practice of the International Red Cross and Red Crescent | 3039 |
IV Practice of International Judicial and Quasijudicial Bodies | 3041 |
895 The 1997 Agreement of the Joint Working Group on | 3042 |
III Practice of International Organisations and Conferences | 3043 |
913 No practice was found | 3044 |
III Practice of International Organisations and Conferences | 3046 |
928 In 1996 in a report on the situation in | 3047 |
III Practice of International Organisations and Conferences | 3049 |
Return of property or compensation | 3051 |
of property who is found by the Commission to be | 3052 |
to enforce the Commissions decisions in question constituted an ongoing | 3053 |
of Population Transfer including the Implantation of Settlers and Settlements | 3056 |
V Practice of the International Red Cross and Red Crescent | 3057 |
chapter 39 | 3058 |
13 Paragraph 232 of the 1992 Agreement on the Application | 3060 |
recommended that the government of Mexico pay special attention to | 3068 |
For practice concerning the establishment of hospital and safety | 3069 |
Other Instruments | 3070 |
VI Other Practice | 3073 |
131 Under Norways Military Penal Code as amended anyone who | 3075 |
University in TurkuÅbo Finland in 1990 states that sentences of | 3076 |
National Caselaw | 3084 |
of Social Welfare and Development All efforts are undertaken to | 3085 |
detained in connection with an internal armed conflict are entitled | 3086 |
by facilitating days of tranquillity or corridors of peace to | 3088 |
fall into the power of an adverse Party continue to | 3089 |
V Practice of the International Red Cross and Red Crescent | 3091 |
Education | 3092 |
II National Practice | 3094 |
III Practice of International Organisations and Conferences | 3097 |
IV Practice of International Judicial and Quasijudicial Bodies | 3099 |
VI Other Practice | 3100 |
e children who are not nationals of the state may | 3102 |
333 The US Air Force Pamphlet states that removal ofchildrenfrom | 3104 |
detained in connection with an internal armed conflict are entitled | 3105 |
National Caselaw | 3108 |
committed the following serious violations of international humanitarian | 3112 |
Other serious violations of international humanitarian law falling within the | 3122 |
concerning the prohibition of the recruitment of minors under the | 3123 |
V Practice of the International Red Cross and Red Crescent | 3125 |
D Participation of Child Soldiers in Hostilities | 3128 |
Awareness of the duty to fully respect the rules of | 3140 |
Federation and the ICRC in cooperation with the Henry Dunant | 3141 |
to support particularly through contacts with their government the adoption | 3142 |
II National Practice | 3143 |
from a besieged zone special attention is given to the | 3145 |
I Treaties and Other Instruments | 3147 |
Convoys of vehicles or hospital trains on land or specially | 3150 |
were involved in the evacuation of specially vulnerable groups such | 3151 |
chapter 40 | 3155 |
59 At the African Parliamentary Conference on International Humanitarian | 3165 |
the law of war obligations of the United States | 3167 |
their obligation not to use prohibited weapons and not to | 3168 |
involved in the conflict in the territory of the former | 3174 |
122 In the Final Declaration of the International Conference for | 3175 |
IV Practice of International Judicial and Quasijudicial Bodies | 3186 |
The parties to the conflict must ensure that the members | 3187 |
II National Practice | 3188 |
action cannot involve the use of a nuclear weapon without | 3192 |
III Practice of International Organisations and Conferences | 3193 |
232 In its review of the indictment in the Martic | 3194 |
C Legal Advisers for Armed Forces | 3196 |
It is crucial that legal advisers even in peacetime can | 3201 |
law to Deputy Judges Advocate General as well as other | 3204 |
274 In 1992 in its final report to Congress on | 3205 |
V Practice of the International Red Cross and Red Crescent | 3206 |
c make a legal adviser participate in normal staff work | 3207 |
the role of the International Committee in accordance with its | 3209 |
305 Paragraph 52 of the 2000 Cairo Plan of Action | 3211 |
their knowledge of the international law of war but also | 3213 |
321 Colombias Directive on IHL issued in 1993 by the | 3214 |
Article 1 of the 1949 Geneva Conventions and Article 11 | 3216 |
Conventions AP I Art 83 which however goes further than | 3220 |
the military and humanitarian workers Accordingly instruction in this | 3226 |
414 At the 27th International Conference of the Red Cross | 3233 |
41 The SANDF together with the International Committee of the | 3240 |
Regular training of all personnel of the armed forces should | 3244 |
III Practice of International Organisations and Conferences | 3245 |
presented to the UN General Assembly by the governments of | 3255 |
V Practice of the International Red Cross and Red Crescent | 3256 |
Obligation of commanders to instruct the armed forces under their | 3260 |
610 No practice was found | 3269 |
levels and on the other hand to imparting clear concepts | 3284 |
chapter 41 | 3288 |
The Instrument deposited by the Government of the United Arab | 3290 |
II National Practice | 3291 |
As a consequence of their absolute character these norms of | 3299 |
11 The meansused to meet these legal and political responsibilities | 3302 |
4 Its purpose must be to cause the enemy to | 3306 |
If for example one party to an armed conflict commits | 3311 |
Reprisal under the provisions of this military manual means an | 3313 |
National Caselaw | 3314 |
Government or legislator Commander of the Fleet Commander of the | 3315 |
the operation of the prohibition of reprisals in the face | 3318 |
intensity of the conflict than a response to a violation | 3319 |
130 In its written statement submitted to the ICJ in | 3321 |
Principles of International Law concerning Friendly Relations and Cooperation | 3322 |
139 During discussions on reprisals in Committee I of the | 3323 |
basis of the actual circumstances in each case and could | 3325 |
c The Party committing the breach must be given specific | 3334 |
III Practice of International Organisations and Conferences | 3335 |
V Practice of the International Red Cross and Red Crescent | 3336 |
possibility to which Kalshoven refers will be more than theoretical | 3337 |
National Caselaw | 3341 |
Where an excess is knowingly indulged it in turn is | 3342 |
244 In its written statement submitted to the ICJ in | 3343 |
argument that the use of nuclear weapons could never satisfy | 3344 |
IV Practice of International Judicial and Quasijudicial Bodies | 3345 |
VI Other Practice | 3346 |
II National Practice | 3347 |
of reprisal action by US forces states that there is | 3351 |
Reprisals inasmuch as they consist of military operations can also | 3352 |
VI Other Practice | 3353 |
Reprisals or retaliation under international law are also governed by | 3359 |
VI Other Practice | 3360 |
II National Practice | 3361 |
The ban on such action first appeared in the 1929 | 3365 |
even such little persuasive authority as it may have had | 3369 |
the Geneva Conventions Protocol I and customary international law of | 3373 |
Wounded sick and shipwrecked in the power of the adversary | 3374 |
measures thus taken by the United Kingdom will not involve | 3375 |
definitions as to persons or objects protected under the 1949 | 3380 |
Medical and religious personnel in the power of the adversary | 3384 |
526 Article501ofthe2001ILCDraft Articles onStateResponsibilitydealing with Obligations not affected by countermeasures | 3385 |
definitions as to persons or objects protected under the 1949 | 3389 |
III Practice of International Organisations and Conferences | 3392 |
VI Other Practice | 3393 |
II National Practice | 3394 |
National Caselaw | 3401 |
In theory an attempt might also be made to justify | 3403 |
In international armed conflicts to which the four Geneva Conventions | 3404 |
II National Practice | 3407 |
Because of the polite acquiescence of the relevant international bodies | 3416 |
741 According to the Report on the Practice of Iran | 3417 |
In international armed conflicts to which the four Geneva Conventions | 3424 |
In the War of 19141918 the illegality except by way | 3427 |
II National Practice | 3429 |
Shall be punished whoever in the event of an armed | 3436 |
prohibited on behalf of its sponsors Austria Egypt Mexico Netherlands | 3439 |
it is nonetheless applicable to the second It follows from | 3440 |
VI Other Practice | 3443 |
Other National Practice | 3449 |
In international armed conflicts to which the four Geneva Conventions | 3452 |
applies in respect of all weapons including nuclear weapons This | 3461 |
VI Other Practice | 3463 |
violations have ceased The United Kingdom will notify the Protecting | 3464 |
1050 Togos Military Manual states that the following prohibitions must | 3467 |
Natural environment | 3471 |
1113 At theCDDH following the adoption of Article 20 AP | 3476 |
III Practice of International Organisations and Conferences | 3478 |
VI Other Practice | 3480 |
significant and direct support of military operations and if such | 3485 |
Various provisions of Additional Protocol I contain prohibitions on reprisals | 3487 |
Geneva Conventions Protocol I and customary international law of armed | 3488 |
National Caselaw | 3490 |
hostilities Its conclusion might also inhibit some States from becoming | 3492 |
with the provisions of the relevant Part even for the | 3497 |
III Practice of International Organisations and Conferences | 3499 |
The reports and allegations received by the Special Rapporteur indicate | 3501 |
1256 In 1995 in a joint report on the situation | 3502 |
of Cultural Property in the Event of Armed Conflict of | 3504 |
VI Other Practice | 3505 |
chapter 42 | 3507 |
31 In 1983 during a debate in the Sixth Committee | 3512 |
including acts which adversely affect the basic human rights of | 3530 |
The Signatory Governments agree among themselves that their respective shares | 3531 |
National Legislation | 3532 |
massacre to carry it out and as discovered by domestic | 3535 |
113 Article 14a of the 1951 Peace Treaty for Japan | 3537 |
If property to be restituted has after identification in Germany | 3538 |
of persecution by the Axis Powers it being understood that | 3540 |
Shoah cover and that it would be in the interest | 3545 |
Article 2 | 3548 |
enforcement measures Claims for compensation are frequently combined with | 3552 |
177 Argentinas Law on Compensation for Enforced Disappearances provides | 3553 |
Socialism for losses and damages as a result of or | 3555 |
a all money obtained through enforcement in Canada of orders | 3556 |
201 In the Khamzaev case in 2001 a Russian District | 3566 |
provision The Court rejected this argument holding that the Hague | 3567 |
It stated however that for these reasons this court is | 3569 |
217 In 1951 the German Chancellor made a declaration before | 3571 |
suffered by the affected families Money in any quantity will | 3575 |
to facilitate efforts to find attach and seize the assets | 3580 |
internal armed conflict or violence to ensure that | 3581 |
period in connection with the invasion or occupation d the | 3584 |
as a result of environmental damage and e depletion of | 3585 |
chain of causation therefore cannot be upheld262 The Panel included | 3587 |
VI Other Practice | 3590 |
307 Article 1 first paragraph of Chapter Five External Restitution | 3595 |
c Solicitation of the good offices mediation or intervention of | 3600 |
III Practice of International Organisations and Conferences | 3604 |
351 In 2001 in its commentary on Article 35 of | 3606 |
Many possibilities exist including due inquiry into the causes of | 3607 |
for those instruments Beyond that and on a more general | 3609 |
c in a court or other tribunal of the injured | 3610 |
chapter 43 | 3611 |
The Tribunal shall have the power to try | 3612 |
under international law does not relieve the person who committed | 3618 |
and security of mankind is not affected by any motives | 3619 |
6 Any other person to which AP II or any | 3627 |
f any other crimes under international law | 3629 |
a grave breaches of the Geneva Conventions | 3632 |
The peoples of the Soviet Union that suffered losses during | 3644 |
respect of prisoners who are in Canadian Forces custody It | 3653 |
is that the individual who has committed any of them | 3656 |
which he represents is not permitted to hide behind the | 3657 |
humanity sanctioned under international law command responsibility can only | 3662 |
Although it was true that barbarity had always existed it | 3665 |
During the same debate New Zealand stated with regard to | 3667 |
288 InOrderNo985191 issuedin1991theYPA ChiefofGeneralStaffstated | 3672 |
The deliberate impeding of the delivery of food and humanitarian | 3676 |
international humanitarian law and reiterated that those who commit | 3678 |
ensure that persons under their control comply with the relevant | 3682 |
responsible are brought to justice while affirming that the primary | 3683 |
This Principle is a corollary to Principle I Once it | 3687 |
IV Practice of International Judicial and Quasijudicial Bodies | 3689 |
were amenable to the jurisdiction of their national criminal courts | 3695 |
whatever their official position even if they are heads of | 3697 |
not prevent crimes from being committed by his subordinates or | 3699 |
The treaties of international humanitarian law provide various mechanisms | 3703 |
Any serious violation of international humanitarian law in armed conflicts | 3704 |
1 Taking into account the scope and extent of any | 3705 |
is not attributable to the State the party responsible for | 3706 |
II National Practice | 3707 |
The alleged acts of the FIS are clearly in violation | 3711 |
II National Practice | 3716 |
subordinates that prisoners could be abused failed to properly exercise | 3723 |
It is a military principle that the subordinate is bound | 3724 |
the question of the criminal responsibility of numerous high military | 3726 |
The Fourth Geneva Convention applies to Kuwait and as | 3727 |
560 In its judgement in the Blaˇskic case in 2000 | 3732 |
V Practice of the International Red Cross and Red Crescent | 3733 |
b With respect to superior and subordinate relationships not described | 3736 |
Governments and law enforcement agencies shall ensure that superior officers | 3737 |
II National Practice | 3738 |
the circumstances ruling at the time that the subordinate was | 3740 |
Commanders are also obliged to take measures in order to | 3741 |
Where US personnel are involved military personnel with supervisory authority | 3745 |
628 Cambodias Law on the Khmer Rouge Trial in the | 3747 |
Art 149 A soldier who intentionally omits to take measures | 3750 |
responsible authorities to be investigated questioned and prosecuted which then | 3754 |
their commission or by a failure to take effective steps | 3756 |
The Court based its decision on Article 1 of the | 3757 |
commissions ultimate findings draw no express conclusion of knowledge but | 3758 |
A commander may fulfil his duty to investigate and punish | 3759 |
superior whether political or military to take reasonable | 3764 |
683 In aresolution adoptedin1994on therapeandabuseofwomenin theareas | 3765 |
59 The military commander is not absolutely responsible for all | 3767 |
National Army and Serb irregular forces against Muslims and Croats | 3768 |
War The duty of an Army commander in such circumstances | 3771 |
acts or punish the perpetrators thereof In a way this | 3774 |
The question of responsibility arising from a duty to act | 3775 |
and finds that the lack of formal legal competence to | 3781 |
illegal acts the officers and staff involved and the location | 3784 |
the discussion of the definition of superior this implies that | 3785 |
647 The evidence also satisfies the threepronged test established by | 3788 |
Reporting of war crimes | 3791 |
ADF members are obliged to report LOAC breaches to their | 3792 |
In closing I would remark that it remains | 3796 |
335 Where a person has the material ability | 3799 |
person who commits a war crime pursuant to an order | 3804 |
and such an assumption carried into practice would subvert military | 3811 |
IV Practice of International Judicial and Quasijudicial Bodies | 3814 |
b The person did not know that the order was | 3816 |
The fact that an act was committed pursuant to military | 3821 |
National Legislation | 3822 |
The author or accomplice of a crime hereunder cannot be | 3824 |
The agents error as to the existence of this requirement | 3829 |
950 In his dissenting opinion in the Finta case in | 3832 |
958 In its judgement in the Eichmann case in 1962 | 3834 |
was designed to defeat in advance any attempt by the | 3835 |
962 In its judgement in theZuhlkecasein1948theSpecialCourt ofCassation | 3837 |
969 In its judgement in the Von Leeb case The | 3839 |
The acts of a subordinate done in compliance with an | 3840 |
the accused should have recognized the orders illegality as a | 3841 |
977 At the CDDH Canada which voted against the deletion | 3842 |
held liable if it is established that he obeyed the | 3843 |
986 In 1994in itsfirstperiodicalreportto the UN Committee against Torture | 3844 |
should be brought into line with that of article 8 | 3845 |
superior orders may however be considered a mitigating factor should | 3850 |
IV Practice of International Judicial and Quasijudicial Bodies | 3852 |
chapter 44 | 3854 |
an act or omission committed during an armed conflict that | 3865 |
4 of a person who in relation to an armed | 3869 |
falls on the offender in propria persona The application of | 3870 |
85 In 1998 during a debate in the Sixth Committee | 3872 |
Otherwise it might be argued that these instruments only state | 3876 |
As argued by the parties in addition to the requirements | 3882 |
V Practice of the International Red Cross and Red Crescent | 3883 |
139 Article 161 of the 1999 Second Protocol to the | 3887 |
party provided that this state has an interest in punishing | 3891 |
courts and other military tribunals of the United States as | 3893 |
Although jurisdiction extends to enemy personnel trials have almost exclusively | 3894 |
175 Bulgarias Penal Code as amended which contains a section | 3897 |
Federation and committed by any person whatever his nationality states | 3907 |
shall be guilty of an offence and on conviction on | 3911 |
of participating in such aberrant and cruel behaviour Neither time | 3913 |
258 In its judgement in the Eichmann case in 1961 | 3918 |
With respect to the provisions of Articles 49 GC I | 3919 |
attempted rape in the territory of the former Yugoslavia Bosnia | 3923 |
Applying these principles it appears that the power to punish | 3926 |
their universal jurisdiction to encompass the punishment of some international | 3929 |
285 In 1990 during a debate in the House of | 3931 |
Members of the United Nations forthwith take all the necessary | 3932 |
humanitarian law and that all countries are under the obligation | 3933 |
International Conferences | 3935 |
courts in the inherently universal character of the crime It | 3938 |
C Prosecution of War Crimes | 3941 |
contemplated in article 5 if it does not extradite him | 3943 |
367 Frances LOAC Teaching Note in a part dealing with | 3952 |
The Geneva Conventions make one further departure of significance For | 3953 |
393 Australias Geneva Conventions Act as amended provides for the | 3959 |
applicable to breaches committed out of negligence459 In addition it | 3961 |
c grave breaches of article 3 common to the four | 3964 |
for the purposes incidental to or consequential on the trail | 3977 |
A person guilty of an offence in terms of the | 3983 |
to constitute a threat to the protected interests of the | 3986 |
Court revised this judgement into a life sentence for inter | 3987 |
541 In its third periodic report to the CAT in | 3991 |
States have the primary responsibility to ensure the safety and | 3992 |
597 In 1996 in a report concerning UNAMIR in Rwanda | 4004 |
jus cogens norms and other international crimes including sexual slavery | 4005 |
and take necessary measures to be represented on it and | 4010 |
their obligation to take all other measures intended to ensure | 4012 |
is obligated either to place the individual on trial or | 4014 |
VI Other Practice | 4016 |
D Amnesty | 4017 |
655 Article10ofthe2002StatuteoftheSpecialCourtforSierraLeoneprovides | 4018 |
This terminology is used to apply to whichever Party is | 4021 |
are granted to all persons who committed in the period | 4023 |
to limitations or which in conformity with internal law or | 4025 |
701 In the Saavedra case in 1993 concerning the application | 4028 |
possible amnesty for reasons related to the conflict once hostilities | 4029 |
III Practice of International Organisations and Conferences | 4033 |
724 In a resolution adopted in 1997 the UN Security | 4034 |
IV Practice of International Judicial and Quasijudicial Bodies | 4039 |
756 In 1994 in a report on the situation of | 4041 |
responsibility of agents perpetrators of grave violations of human rights | 4043 |
E Statutes of Limitation | 4044 |
778 The US Naval Handbook provides that there is no | 4047 |
offences the prosecution of which may not be prevented under | 4052 |
1 The right of prosecution for murder shall not be | 4053 |
hegemony pursued by certain countries was giving rise to new | 4059 |
who have committed crimes against humanity the representative of | 4060 |
with retroactivity as an essential corollary for without it the | 4061 |
860 In 1977 in reply to a question from the | 4067 |
of persons guiltyof war crimes and crimes against humanity in | 4070 |
The Parliamentary Assembly recommends that the Committee of Ministers | 4072 |
VI Other Practice | 4073 |
II National Practice | 4075 |
penal procedures instituted as a consequence of grave breaches of | 4076 |
of Statutory Limitations to War Crimes and Crimes against Humanity | 4077 |
all States to take the necessary measures in accordance with | 4081 |
Extradition | 4083 |
to extradite any such persons to other countries wishing to | 4087 |
II National Practice | 4088 |
Additional Protocol I states that the contracting parties | 4089 |
3I of 1946 on extradition and punishment of war criminals | 4093 |
Based on Article 28 part XI of the Federal Public | 4094 |
that the extradition and punishment of persons responsible for | 4095 |
VI Other Practice | 4097 |
II National Practice | 4099 |
same provision acts committed during insurrection or civil war are | 4102 |
V Practice of the International Red Cross and Red Crescent | 4108 |
The Federal Republic of Germany further declares pursuant to article | 4111 |
The Court has jurisdiction as soon as the national State | 4114 |
crimes against humanity committed in the territory of former Yugoslavia | 4116 |
In any case the rule regarding priority should be applied | 4117 |
We reaffirm the ICTY President Casseses request that all States | 4122 |
urges the parties to allow the establishment of offices of | 4126 |
in particular concerning the apprehension and extradition of persons indicted | 4129 |
V Practice of the International Red Cross and Red Crescent | 4131 |
Другие издания - Просмотреть все
Customary International Humanitarian Law: Practice, Том 2,Часть 2 Jean Marie Henckaerts,Louise Doswald Beck Недоступно для просмотра - 2005 |
Customary International Humanitarian Law: Rules, Том 1 Jean-Marie Henckaerts,Louise Doswald-Beck Недоступно для просмотра - 2005 |
Часто встречающиеся слова и выражения
According Additional aircraft areas armed conflict armed forces Article Assembly attack breach cause CDDH Chapter civilian objects civilian population combatants Commanders Commission committed Committee concerning condemned conduct Conference considered constitutes containing Crimes Criminal Code cultural cultural property customary damage dangerous December Defence defined Department destruction direct Draft effects enemy environment establishments Geneva Conventions Handbook hospital hostilities Human Rights humanitarian ICRC indiscriminate installations International Humanitarian Law international law Italy January June LOAC Manual loss March means military advantage Military Manual military objectives natural Naval Netherlands Note Nuclear Official Records Paragraph parties Penal Code personnel persons places possible Practice practice was found President Press principle prohibited protection Protocol provides punishable Red Cross referring relation Report requires resolution adopted respect rules Security Council situation Statement submitted taken tion UN Security Council United United Nations violations weapons wounded zones
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Библиографические данные
| Название | Customary International Humanitarian Law Customary International Humanitarian Law, Jean-Marie Henckaerts, ISBN 0521539250, 9780521539258 |
| Редакторы | Jean-Marie Henckaerts, Louise Doswald-Beck, Carolin Alvermann |
| Соавтор | International Committee of the Red Cross |
| Издание: | перепечатанное |
| Издатель | Cambridge University Press, 2005 |
| ISBN | 0521839378, 9780521839372 |
| Количество страниц | Всего страниц: 5066 |
| Экспорт цитаты | BiBTeX EndNote RefMan |