Self-Determination, Terrorism, and the International Humanitarian Law of Armed ConflictMartinus Nijhoff Publishers, 5 мар. 1996 г. - Всего страниц: 221 A preliminary definition of international terrorism was agreed by the world community in 1937. Since then, a World War and the Cold War have made any such modern consensus impossible. In particular, the UN principles of equal rights and self-determination of 'Peoples' have caused political and juridical confusion, in that liberation fighters who utilize terror methods as one tactic in an overall political strategy to achieve self-determination are frequently termed 'terrorists', and are prosecuted as such. In order to regulate wars of self-determination under international law, and to control the means and methods of warfare utilized in them, international humanitarian law (IHL) was extended in 1977 to include armed conflicts for the right to self-determination 'as enshrined in ... the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations'. Thus, acts of terrorism perpetrated during armed struggles for self-determination are separable from random acts of international violence and, when perpetrated by states or insurgent forces during wars of self-determination, may be prosecuted under IHL as war crimes. However, although states are obliged to seek out and prosecute the perpetrators of illicit acts of warfare, they rarely do so. Dr Chadwick argues that, should IHL be fully utilized during wars of self-determination, if only for purposes of guidance, the separability of illicit acts of war would enable the international community to reach consensus more easily in regard to a definition of terrorism in general, and a coordination of efforts to deter its occurrence. |
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Self-Determination, Terrorism and the International Humanitarian Law of ... Elizabeth Chadwick Ограниченный просмотр - 2023 |
Self-Determination, Terrorism, and the International Humanitarian Law of ... Elizabeth Chadwick Недоступно для просмотра - 1996 |
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acts of international acts of terrorism application of IHL armed conflict armed force Article 1(4 Chapter Four civil civilian codifications colonial Common Article context Conventions of 1949 crimes criminal extension of IHL extradition four Geneva Conventions further Geneva law grave breaches Hague Convention High Contracting Parties human rights law individual Int'l international armed conflicts International Humanitarian Law international law International Terrorism interpretation IRRC issue jurisdiction law of armed law of war League of Nations liberation groups liberation movements liberation struggles Martens Clause means and methods methods of warfare military Nevertheless norms Northern Ireland note 20 Nuremberg Nuremberg Principles obligations Palestinian particular peace perpetrated principle prohibition prosecution protection Protocol 1 Article regarding reprinted Resolution 2625 right to self-determination rules status struggles for self-determination supra target territory terror-violence terrorist terrorist acts tion treaty Tribunal U.N. Charter U.N. system Vietnam Vietnam War war crimes wars of self-determination Yugoslav War Yugoslavia
Ссылки на эту книгу
Cases and Materials on Terrorism: Three Nations' Response Michael F. Noone,Yonah Alexander Недоступно для просмотра - 1997 |
Recueil Des Cours, Collected Courses, Volume 231 (1991-VI) Academie De Droit International De La Haye Ограниченный просмотр - 1999 |