Yearbook of International Humanitarian Law - 2003, Volume 6; Volume 2003
The need to enforce and further develop international legal protection after 11 Sep- 3 tember 2001 has been discussed in prominent fora before. A wide range of issues (self-defence, humanitarian law, human rights, national laws and regulations, cr- inal sanctions) must be considered in this context. Different phases of application of the law (international and non-international armed conflict, peace enforcement, post-conflict peace building, etc. ) are affected. Misconceptions have been propa- 4 gated at the highest government levels and have created new problems rather than solving existing ones. Among expert observers, such developments may cause feelings of déjà vu. In the years after the adoption of the 1977 Additional Protocols, when one might have expected that all efforts would be taken to accelerate the ratification of these new instruments and ensure respect for their provisions, Protocol I was criticised as 5 being in the service of terror, an allegation that won certain influence although it 6 was promptly and convincingly refuted. Concerns expressed more recently that the application of certain rules of humanitarian law might impede the fight against 7 terrorism may stem from similar ways of thinking. They have made it necessary to explicate in detail that terrorist acts when committed during armed conflict are - rious violations of humanitarian law, prohibited without any exception in the Geneva Conventions, their Additional Protocols and other international treaties 3. ‘The attack on the World Trade Center’ ; J. J.
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INTERNATIONAL HUMANITARIAN LAW AFTER SEPTEMBER
Where should the future take us?
Challenged core principles of humanitarian protection
Ensuring compliance with the law
Violations of international humanitarian law by United Nations forces
The year in review
International criminal courts roundup
ICTYon illegal capture
The United Nations Convention on Certain Conventional Weapons
The journalists right to information in time of war and on dangerous mis
The protection of refugees in international law postSeptember 11 2001
The proposed trials by the US Military Commissions
a response to Professor Schmitt
Dieter Fleck 2005
new tests for an old
Senior VicePresident International Society for Military Law and the Law of War Member of
Jus ad bellum jus in bello and noninternational armed conflicts
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accused acts Additional Protocol adopted agreement Appeals Chamber applicable armed forces Article attack authorised belligerent civilian Coalition combatants committed concerned considered crimes against humanity defence detainees detention established GC IV Geneva Conventions genocide Hague hereafter hostilities Ibid ICRC ICTR ICTY Illegal Capture indictment international armed conflict International Criminal Court international humanitarian law international law Iraq Iraqi issue journalists Judgement judges jurisdiction jus in bello laws and customs military commission mission non-international armed conflict obligations occupation ONUC organisations paras participation parties peace peacekeeping persons principle prisoners prohibition prosecution Prosecutor protection Protocol II Red Cross refugee status regime Regulations respect responsibility rules SC Res Secretary-General Security Council resolution self-defence sentenced September SFOR situation supra target territory terrorism terrorist Third Geneva Convention tion tional treaty Trial Chamber Tribunal troops Trust Fund United Nations UNOSOM II victims violations war crimes weapons YIHL