International humanitarian law

Common Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way that is consistent with the principle of equality of belligerents. This provides incentives for armed groups to respect the IHL rules they have themselves negotiated. However, even upon the conclusion of such agreements, it remains unclear which legal regime governs them. This paper will argue that special agreements are governed by international law instead of domestic law or a sui generis legal regime.

International Review of the Red Cross

Law Review (ISSN 2309-0898), University of Rajshahi. , 2019

It is one of the mandates of the International Humanitarian Law (hereinafter known as IHL) to protect the civilians from the hostility of war. In this respect, a number of different international instruments are in place like the Geneva Conventions to keep away the civilian people, civilian objects, hors de combat and other people having no connection with the warring parties, from the devastating consequences of armed conflict. In spite of these numerous provisions and their almost universal acceptance by world communities, people both civilian and hors de combat are facing unnecessary sufferings during armed conflict. This reality either in international or non-international armed conflict urges critical review of the legal provisions of IHL to ascertain the weakness of the laws. While doing the critical review of the relevant legal provisions, this article is kept limited to general fragilities of overall legal provisions, specific fragilities of the legal provisions relating to the laws of occupation, means and methods of warfare and enforcement. While doing the critical review, opinions of scholars in their scholarly books, journal articles, newspaper report are consulted. To a little extent web data on relevant issues by reputed international organizations is also taken into consideration.

European Journal of International Law, 2015

2005

www.cambridge.org Information on this title:www.cambridge.org/9780521005289 ○ C International Committee of the Red Cross 2005 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without

Legal Research Development: An International Refereed e-Journal

Ever since its inception over a century ago, the Red Cross has been providing protection and assistance to those in distress. In normal circumstances, in the organised society in which usually lives man, is protected by laws and finds sustenance close at hand. Paradoxically, there are also situations, such as armed conflicts or natural disasters, when society is thrown out of killer, laws areviolated, man’s natural environment is turned into chaos, and his safety, health and very survival are threatened: In times like these the Red Cross strives to help and protect the victims through International Humanitarian law.

The American Journal of Social Science and Education Innovations, 2020