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Distinction (law)
''Distinction'' is a principle under international humanitarian law governing the laws of war, legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and noncombatants (civilians). Combatant in this instance means persons entitled to directly participate in hostilities and thus are not afforded immunity from being directly targeted in situations of armed conflict. Civilian in this instance means civilians who are non-combatants. The definition of "civilian" under international humanitarian law is by no means settled, as further clarity and explanation is needed in regards to determining precisely when, how and for how long a civilian loses his or her protection from targeting. Article 51.3 of Protocol I to the Geneva Conventions explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". ''Distinction'' and ''proportionality (international humanitarian la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome Statute Of The International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves; the jurisdiction of the court is comple ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Court Of Justice Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons
''Legality of the Threat or Use of Nuclear Weapons'ICJ 3] is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary to international humanitarian law, it cannot be concluded whether or not such a threat or use of nuclear weapons would be lawful in extreme circumstances where the very survival of a state would be at stake. The Court held that there is no source of international law that explicitly authorises or prohibits the threat or use of nuclear weapons but such threat or use must be in conformity with the UN Charter and principles of international humanitarian law. The Court also concluded that there was a general obligation to pursue nuclear disarmament. The World Health Organization requested the opinion on 3 September 1993, but it was initially refused because the WHO was acting outside its legal capacity (''ultra vires''). So the United Nations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indiscriminate Attack
In international humanitarian law and international criminal law, an indiscriminate attack is a military attack that fails to distinguish between military objectives and protected (civilian) objects. Indiscriminate attacks strike both military and protected objects alike, thus violating the principle of distinction between combatants and civilians. They differ from direct (or deliberate) attacks against civilians and encompass cases in which the perpetrators are indifferent as to the nature of the target, cases in which the perpetrators use tactics or weapons that are inherently indiscriminate (e.g., cluster munitions, anti-personnel mines, nuclear weapons), and cases in which the attack is disproportionate, because it is likely to cause excessive civilian casualties and damages to protected objects. Indiscriminate attacks are prohibited both by the Geneva Conventions Additional Protocol I (1977) and by customary international law. They constitute a war crime under the Rome Statu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Criminal Court And The 2003 Invasion Of Iraq
A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence. 2005–2006 preliminary examination The Prosecutor of the International Criminal Court (ICC) reported in February 2006 that he had received 240 communications in connection with the invasion of Iraq in March 2003 which alleged that various war crimes had been committed. The overwhelming majority of these communications came from individuals and groups within the United States and the United Kingdom. Many of these complaints concerned the British participation in the invasion, as well as the alleged responsibility for torture deaths while in detention in British-controlled areas. On February 9, 2006, the Prosecutor, Luis Moreno-Ocampo, published a letterLuis Moreno-Ocampo (9 February 2006). . Retrieved on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. While praised as a major step towards justice, and as an innovation in international law and human rights, the ICC has faced a number of criticisms from governments and civil society, including objections to its jurisdiction, accusations of bias, Eurocentrism and racism, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. History The establishment of an international tribunal to judge political leaders accused of international crimes was first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor Of The International Criminal Court
The prosecutor of the International Criminal Court is the officer of the International Criminal Court whose duties include the investigation and prosecution of the crimes under the jurisdiction of the International Criminal Court, namely genocide, crimes against humanity and war crimes as well as the crime of aggression. The current prosecutor is Karim Khan, who was elected on 12 February 2021 and took office on 16 June 2021. His predecessor was Fatou Bensouda, who served from 15 June 2012 until 15 June 2021. List of prosecutors of the International Criminal Court Elections of the prosecutor The first election of the prosecutor took place on 21 April 2003, during the second resumption of the first session of the Assembly of States Parties in New York. The only official candidate was Luis Moreno Ocampo. Moreno Ocampo was elected with 78 votes with no votes against and no abstentions. Nine states parties did not vote. The second election of the prosecutor took place dur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Luis Moreno-Ocampo
Luis Moreno OcampoMoreno Ocampo's surnames are often hyphenated in English-language media to mark Moreno as a surname, not a given name. (born 4 June 1952) is an Argentine lawyer who served as the first Prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he played a major role in Argentina's democratic transition (1983–1991). Judicial highlights As first prosecutor of the International Criminal Court, his mandate was to establish the Office of the Prosecutor and decide where to initiate the first investigations. Under his mandate, the Office of the Prosecutor analyzed 17 situations around the world and opened investigations in seven different countries. He successfully prosecuted for crimes against humanity three heads of state, including the president of Sudan, Omar al-Bashir. At the age of 32, Luis Moreno Ocampo became deputy prosecutor of the Trial of the Juntas, where those most responsible for the Argentine military dictatorship between 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ICRC
The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signatories) to the Geneva Convention of 1949 and its Additional Protocols of 1977 (Protocol I, Protocol II) and 2005 have given the ICRC a mandate to protect victims of international and internal armed conflicts. Such victims include war wounded persons, prisoners, refugees, civilians, and other non-combatants. The ICRC is part of the International Red Cross and Red Crescent Movement, along with the International Federation of Red Cross and Red Crescent Societies (IFRC) and 192 National Societies. It is the oldest and most honoured organization within the movement and one of the most widely recognized organizations in the world, having won three Nobel Peace Prizes (in 1917, 1944, and 1963). History Solferino, Henry Dunant and the foundation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laws Of War
The law of war is the component of international law that regulates the conditions for initiating war ('' jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a cod ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
