Search results for "International 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…

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…

Intervention in Yemen in 2015: assessing the alleged violations of international humanitarian law by Saudi-Led coalition in Yemen conflict

2020

Importance of international humanitarian law has emerged significantly in last two decades, becoming as the primary legal source, which is used as the pre-emptive measure of restricting international actors from indiscriminate actions and use of prohibited weapons with regulating the entire conduct of war. Saudi-led intervention in Yemen has become a vivid example of how the well-established legal rules can become irrelevant, because of the wrong approach, that was taken by respective parties to serve its political interests, while neglecting its legal obligations. Despite the emerged conflict of interests between the law and politics, International Humanitarian Law concerning Yemen conflic…

El camino hacia el reconocimiento legal de la violencia sexual contra la mujer en tiempos de guerra

2020

El objetivo de este trabajo es explorar el proceso de configuración de un Derecho Internacional que atienda al fenómeno de la violencia sexual contra las mujeres en contextos de conflictos armados, analizando el alcance del cambio de paradigma logrado en los años noventa con la tipificación y enjuiciamiento de la violencia sexual contra las mujeres en conflictos armados en el ámbito de la justicia penal internacional y, en última instancia, identificando posibles elementos sobre los que seguir avanzando hacia un Derecho Internacional que reconozca un estatus jurídico de las mujeres y huya de la imagen única de la mujer como víctima. © 2020 University of Valencia, Human Rights Institute. All…