Search results for " humanitarian law"

The Holy See's Position on Lethal Autonomous Weapons Systems

2020

The issue of lethal autonomous weapons systems (laws) goes to the heart of the debate on new warfare technologies: States, international organizations, non-governmental organizations and civil society at large have long been discussing the acceptability of ‘autonomous killing’. The present contribution zooms in on the position held by the Holy See, exploring its content and the main arguments which support the call of a ban on such technology. Both diplomatic statements and doctrinal teachings will be tackled. Importantly, a solid argument for a prohibition of laws is based on the moral unacceptability of autonomous killing, which may assume also a legal standing through the so-called Marte…

Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian La…

2012

Chapter 6 analyses the relationship between International human rights law (IHRL) and international humanitarian law (IHL). IHL represents the new version of a part of the old ius gentium, in particular its ius in bello. Nonetheless, IHL excludes ius ad bellum, formerly linked to ius in bello in ius gentium, in continuity with the Just War Theory. The current IHL is characterized by neutrality, impartiality, and humanity in protecting victims. The practice of IHRL – not the abstract doctrine of natural rights – aims to protect human beings in different contexts and against different forms of vulnerability. In this last sense, IHL could be seen as a part of the former in the case of vulnerab…

Droit international public et action humanitaire : deux "acteurs" de la protection des droits de l'enfant

2014

By making a survey of the several rules of current public international law, this dissertation will try to make the reader undestand the importance of the protection of children's rights all over the world. Nowadays, children die every minute because of conflicts, diseases, malnutrition..., a lot of them are exploited and have no possibilities of going to school, seeing their future escaping them every day a little more. It is against all these too recurring problems that States have to intervene by exercising their legislator's role, both on the international level and on the national level. But they also have to take their role of subject of law by respecting the international conventions…

Lethal Autonomous Weapons Systems in International Humanitarian Law and Human Rights Law

Terrorism in Argentina: government as its own worst enemy

2005

The Use of CBRN Weapons in Armed Conflict

2022

The contribution deals with the use of CBRN weapons in the context of hostilities.

Occupazione militare e tutela della proprietŕ privata

2012

Moving from the complementary relationship between International Humanitarian Law and International Human Rights Law, this article analyses the issue of private property in occupied territory from the civilians perspective. In the attempt to verify if contemporaneous practice has modified customary international law obligations of Occupying Powers, the Author highlights the complex and heterogeneous evolution of the protection of the right to private property. On the one hand, practice confirms the strengthening of its safeguard by the extensive interpretation of the absolute prohibition on confiscation, forbidding an occupying power to take "permanent" measures of dispossession and de fact…

La "due diligence" et le lien entre le sujet et le risque qu'il faut prévenir: quelques observations

2018

The link between a risk to be prevented and a State (or an international organization) is a classical issue of the international law of state responsibility. At variance with the prevailing opinion, it is submitted that the main questions concerning such an issue cannot be answered in a unitary manner. On the contrary, these question need to be framed in the different legal contexts within which they arise. Leaving aside the traditional international legal rules on the treatment of aliens, Ssome observations are developed concerning what occurs in the fields of international human rights, international humanitarian law and international environmental law. La question du lien entre le sujet …

Introduction: Definition and Legal Sources

2019

The aim of the contribution is to define the concept of international military operations to which the rules of humanitarian law apply. The work also offers a definition of the sending state and the host state of these operations. It also identifies the normative sources governing these phenomena: from international humanitarian law ("ius in bello") to human rights law, UN standards, the agreements on the status of the forces deployed, but also internal legal systems.

Autonomous Weapons Systems and the Protection of the Human Person: An International Law Analysis

2022

Providing a much needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons – should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as ‘human dignity’ and ‘humanity’ provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers, by elaborating on international law and proposing normative solutions for current and future human-machine interactions in this critical fie…