Download Applying International Humanitarian Law in Judicial and by Derek Jinks, Jackson N. Maogoto, Solon Solomon PDF

By Derek Jinks, Jackson N. Maogoto, Solon Solomon

The paintings analyzes the influence and implementation of foreign humanitarian legislation in judicial and quasi judicial our bodies. furthermore, acknowledging the excessive effect household jurisdictions have within the configuration of foreign legislations, the ebook doesn't leisure purely in an research of the overseas jurisprudence, yet delves additionally into the query of the way family courts relate to foreign humanitarian legislation issues.

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Extra info for Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects

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76 and Tahzib-Lie and Swaak-Goldman 2004, p. 249. 24 The full sentence is ‘lex posterior derogat legi priori’ and means that the newer norm is preferred over the elder one. 702, 18 July 2006, para. 2(5) [hereafter UNGA (ILC) 2006]. ’26 In the case at hand the Additional Protocol II is not considered as incompatible with the Geneva Conventions. 27 Second, Additional Protocol II clearly indicates that it develops and supplements common Article 3. 28 Hence, at first sight Additional Protocol II should ‘override’ the provisions contained in the Geneva Conventions.

18 Sandoz et al. 1987, para 4461. 36 N. 20 The very high threshold set by Additional Protocol II21 means that in reality the protocol applies ‘to situations at or near the level of a full-scale civil war’22 or belligerency, a highly improbable case when one examines contemporary armed conflicts where territorial control is not anymore one of the priorities of armed opposition groups. In addition, the problem remains as to the exact time when a situation develops into an armed conflict within the terms of Additional Protocol II.

48 Remarkably, on the face of it, the International Committee of the Red Cross did not consider it worth a discussion. However, as intrigued as the author of this chapter, McLauren and Schwendimann speculate about the reason for this lack that shakes the edifice of the Study inasmuch as its bases appear to be rather weak. 49 Obviously tortured by the issue, McLauren and Schwendimann asked Henckaerts, legal advisor of the International Committee of the Red Cross and one of the masterminds of the Study, to clarify the reasons that led to this major legal flaw.

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