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Unprivileged Combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ...
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Armed Conflict
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular or irregular military forces. Warfare refers to the common activities and characteristics of types of war, or of wars in general. Total war is warfare that is not restricted to purely legitimate military targets, and can result in massive civilian or other non-combatant suffering and casualties. While some war studies scholars consider war a universal and ancestral aspect of human nature, others argue it is a result of specific socio-cultural, economic or ecological circumstances. Etymology The English word ''war'' derives from the 11th-century Old English words ''wyrre'' and ''werre'', from Old French ''werre'' (also ''guerre'' as in modern French), in turn from the Frankish *''werra'', ultimately deriving from the Proto-Germanic *'' ...
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Co-belligerence
Co-belligerence is the waging of a war in cooperation against a common enemy with or without a formal treaty of military alliance. Generally, the term is used for cases where no alliance exists. Likewise, allies may not become co-belligerents in a war if a ''casus foederis'' invoking the alliance has not arisen. Co-belligerents are defined in the ''Encyclopaedic Dictionary of International Law'' as "states engaged in a conflict with a common enemy, whether in alliance with each other or not". Historical examples in World War II Germany and the Soviet Union as co-belligerents in Poland After the invasion of Poland in September 1939, Nazi Germany and the Soviet Union partitioned Poland in accordance with the terms of the Molotov–Ribbentrop Pact. Although both countries invaded Poland, they had no formal, open alliance; The pact was formally an agreement of mutual neutrality. German and Soviet cooperation against Poland in 1939 has been described as co-belligerence. Finland ...
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International Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the conduct and responsibilities of bell ...
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Camp X-ray Detainees
Camp may refer to: Outdoor accommodation and recreation * Campsite or campground, a recreational outdoor sleeping and eating site * a temporary settlement for nomads * Camp, a term used in New England, Northern Ontario and New Brunswick to describe a cottage * Military camp * Summer camp, typically organized for groups of children or youth * Tent city, a housing facility often occupied by homeless people or protesters Areas of imprisonment or confinement * Concentration camp * Extermination camp * Federal prison camp, a minimum-security United States federal prison facility * Internment camp, also called a concentration camp, resettlement camp, relocation camp, or detention camp * Labor camp * Prisoner-of-war camp ** Parole camp guards its own soldiers as prisoners of war Gatherings of people * Camp, a mining community * Camp, a term commonly used in the titles of technology-related unconferences * Camp meeting, a Christian gathering which originated in 19th-century Americ ...
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Jean Pictet
Jean Simon Pictet (2 September 1914, Geneva – 30 March 2002, Meyrin) was a Swiss citizen, jurist, legal practitioner working in international humanitarian law. First as a secretary-jurist, and then as a senior executive and Vice-President of the International Committee of the Red Cross (ICRC), Pictet was instrumental in drafting the 1949 Geneva Conventions for the protection of victims of war, their Commentaries, and negotiating the 1977 Additional Protocols ( Protocol I and Protocol II). He also proposed the Red Cross Movement’s seven Fundamental Principles, which were adopted at Vienna in 1965: Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality. In 1989, an international humanitarian law competition for students was founded and named after him. Life After secondary education in Paris, Pictet completed his study of law at the University of Geneva, earning a doctorate in 1935 and then practiced law in Vienna and Geneva. In 1937, he ...
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University Of The West Of England
The University of the West of England (also known as UWE Bristol) is a public research university, located in and around Bristol, England. The institution was know as the Bristol Polytechnic in 1970; it received university status in 1992 and became the University of the West of England, Bristol. In common with the University of Bristol and University of Bath, it can trace its origins to the Merchant Venturers' Technical College, founded as a school in 1595 by the Merchant Venturers, Society of Merchant Venturers. UWE Bristol is made up of several campuses in Greater Bristol. Frenchay Campus is the largest campus in terms of student numbers, as most of its courses are based there. City campus provides courses in the creative and cultural industries, and is made up of Bower Ashton Studios, Arnolfini, Spike Island, Bristol, Spike Island, and Watershed (Bristol), Watershed. The institution is affiliated with the Bristol Old Vic Theatre School and validates its higher education co ...
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Civilian
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, because some non-combatants are not civilians (for example, military chaplains who are attached to the belligerent party or military personnel who are serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is an internal one (a civil war) or an international one. In some nations, uniformed members of civilian police or fire departments colloquially refer to members of the public as civilians. Etymology The word "civilian" goes back to the late 14th century and is from Old French '' ...
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International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005. The final fugitive, Goran Hadžić, ...
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United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ...
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Enemy Combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not c ...
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Discretion
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively. Discretion exists at all levels of law enforcement and in many types of front-line bureaucrats. Discretion has been called "the Art of suiting the action to particular circumstances" (Lord Scarman). Those in a position of power are most often able to exercise discretion as to how they will apply or exercise that power. The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed. In law In the legal system, discretion is often defined as the ability of a judge to choose where, how and with what severity to sentence a person who has been convicted. A person chooses to utilize his or her options and decides which to use, whether this is a ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with the largest economy by nominal GDP, the president possesses significant domestic and international hard and soft power. Article II of the Constitution establ ...
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