Yousef Shandi Birzeit University, Palestine
Faculty of Law and Public Administration, Birzeit University, PO Box: 14, Birzeit, Palestine.
Corresponding Author: yshandi@birzeit.edu
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Since the implementation of the disengagement plan in 2005, Israel has alleged that it no longer occupies the Gaza Strip and claimed its right to legitimate self-defence based on Article 51 of the United Nations Charter, including the suffocating blockade imposed there as well as the 'Cast Lead' military Operation and others. This paper analyzes Israeli's claim in light of international law and the objective facts taking place in the Gaza Strip resulting from the implementation of the disengagement plan.
Keywords : Israel, Gaza, Disengagement Plan, Legitimate Self-Defence, Colonization, Blockade, International Humanitarian Law
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.07
레이블이 International Humanitarian Law인 게시물을 표시합니다. 모든 게시물 표시
레이블이 International Humanitarian Law인 게시물을 표시합니다. 모든 게시물 표시
2015년 12월 15일 화요일
Rape as a War Crime: The Position of International Law since World War II
Arpita Saha National Law University of Jodhpur, India
33/31, James Long Sarani, Rosy Land Apartment, Flat No. A1/B1, Behala, Kolkata, West Bengal 700-034 INDIA.
Corresponding Author: arpita.nlu@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
International attention first focused on the use of rape as a tactic of warfare in Bosnia between 1991 and 1995. Rape was also employed by Hutu troops against Tutsi women in the genocidal campaign in Rwanda in 1994. In December of 1993, The United Nations adopted the Declaration on the Elimination of Violence against Women, and with that the international community acknowledged its global dimensions. What became clear to the world was that women's distinctive needs, experiences, vulnerabilities, and perspectives were being excluded in the development of both the substantive and procedural rules of international humanitarian law, as well as the remedies it offered victims. A community of elite women legal policy makers comprised of judges, prosecutors, lawyers, and investigators evolved to try these cases in International Criminal Tribunals (ITC) in Europe and Africa. During the Bosnian war of 1992-95 Yugoslav women and hundreds of other Muslim women were systematically raped and tortured in a clear attempt to advance the cause of ethnic cleansing. Several of the women took to court, and testified against, three Bosnian soldiers in the courtrooms of the Yugoslav war-crimes tribunal in The Hague. The ruling made on the rape cases between Yugoslav women and the Bosnian Serb army is a landmark in establishing that systematic rape during conflict is not merely a violation of the practice of war but a crime against humanity. In turn, sexual assault during slavery has been recognized as an independent crime under humanitarian and human rights laws. The ruling is very significant because it opens the door for many other victims of sexual violence to press for their recognition as victims, for penalties, and for compensation. It also means that effort will consequently be made to promote its application. However, whether the codification of such laws can be translated into the practical protection of women during conflict remains to be seen.
Keywords : International Humanitarian Law, War Crimes, Mass Rape, Comfort Women.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.2.10
33/31, James Long Sarani, Rosy Land Apartment, Flat No. A1/B1, Behala, Kolkata, West Bengal 700-034 INDIA.
Corresponding Author: arpita.nlu@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
International attention first focused on the use of rape as a tactic of warfare in Bosnia between 1991 and 1995. Rape was also employed by Hutu troops against Tutsi women in the genocidal campaign in Rwanda in 1994. In December of 1993, The United Nations adopted the Declaration on the Elimination of Violence against Women, and with that the international community acknowledged its global dimensions. What became clear to the world was that women's distinctive needs, experiences, vulnerabilities, and perspectives were being excluded in the development of both the substantive and procedural rules of international humanitarian law, as well as the remedies it offered victims. A community of elite women legal policy makers comprised of judges, prosecutors, lawyers, and investigators evolved to try these cases in International Criminal Tribunals (ITC) in Europe and Africa. During the Bosnian war of 1992-95 Yugoslav women and hundreds of other Muslim women were systematically raped and tortured in a clear attempt to advance the cause of ethnic cleansing. Several of the women took to court, and testified against, three Bosnian soldiers in the courtrooms of the Yugoslav war-crimes tribunal in The Hague. The ruling made on the rape cases between Yugoslav women and the Bosnian Serb army is a landmark in establishing that systematic rape during conflict is not merely a violation of the practice of war but a crime against humanity. In turn, sexual assault during slavery has been recognized as an independent crime under humanitarian and human rights laws. The ruling is very significant because it opens the door for many other victims of sexual violence to press for their recognition as victims, for penalties, and for compensation. It also means that effort will consequently be made to promote its application. However, whether the codification of such laws can be translated into the practical protection of women during conflict remains to be seen.
Keywords : International Humanitarian Law, War Crimes, Mass Rape, Comfort Women.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.2.10
The Iraqi Special Tribunal under International Humanitarian Law
Ali Adnan Alfeel University of Mosul, Iraq
P.O. Box 11095, Department of Public Law, University of Mosul, Iraq
Corresponding Author: alialfeel1969@yahoo.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy of such a domestic forum within the context of human rights norms and the law of occupation. In particular, there was a major strand of thought from outside Iraq that the most legitimate and appropriate forum would have been an international process under the authority of the United Nations. This article examines the arguments made by the Iraqis who demanded a domestic process based on their inquisitorial model, setting them in the broader context of the emerging trends in international criminal law. Through a detailed and unique analysis of the provisions of human rights law and underlying Iraqi procedural law, it criticizes the arguments made by some that assume the illegitimacy of the tribunal under established international norms. The article provides the most detailed explanation of the law of occupation as it emerged following World War II to conclude that the establishment of the Tribunal as an independent court, and its subsequent validation by sovereign Iraqi domestic authorities, was completely valid and proper. The overarching theme of the article is that the imposition of artificial standards and the complete revocation of the preexisting Iraqi judicial structures would have created a process deemed wholly illegitimate by the Iraqi people and judiciary that would have undermined the establishment of the rule of law in Iraq. The author's personal interactions with the judges serve to support the conclusion that the Tribunal is capable of serving as the doorway through which the detailed body of international criminal law is introduced to the broader Arabic speaking world.
Keywords : Complementarity, Genocide, War Crimes, Crimes against Humanity, International Humanitarian Law.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.1.01
P.O. Box 11095, Department of Public Law, University of Mosul, Iraq
Corresponding Author: alialfeel1969@yahoo.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy of such a domestic forum within the context of human rights norms and the law of occupation. In particular, there was a major strand of thought from outside Iraq that the most legitimate and appropriate forum would have been an international process under the authority of the United Nations. This article examines the arguments made by the Iraqis who demanded a domestic process based on their inquisitorial model, setting them in the broader context of the emerging trends in international criminal law. Through a detailed and unique analysis of the provisions of human rights law and underlying Iraqi procedural law, it criticizes the arguments made by some that assume the illegitimacy of the tribunal under established international norms. The article provides the most detailed explanation of the law of occupation as it emerged following World War II to conclude that the establishment of the Tribunal as an independent court, and its subsequent validation by sovereign Iraqi domestic authorities, was completely valid and proper. The overarching theme of the article is that the imposition of artificial standards and the complete revocation of the preexisting Iraqi judicial structures would have created a process deemed wholly illegitimate by the Iraqi people and judiciary that would have undermined the establishment of the rule of law in Iraq. The author's personal interactions with the judges serve to support the conclusion that the Tribunal is capable of serving as the doorway through which the detailed body of international criminal law is introduced to the broader Arabic speaking world.
Keywords : Complementarity, Genocide, War Crimes, Crimes against Humanity, International Humanitarian Law.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2009.2.1.01
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