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Journal articles on the topic 'Principle of equality of belligerents'

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Published: 3 June 2025

Last updated: 31 July 2025

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1

KOUTROULIS, VAIOS. "And Yet It Exists: In Defence of the ‘Equality of Belligerents’ Principle." Leiden Journal of International Law 26, no. 2 (2013): 449–72. http://dx.doi.org/10.1017/s0922156513000113.

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AbstractThe equal application of international humanitarian law (jus in bello) to all parties to an international armed conflict is a cornerstone principle of jus in bello. In his article, Professor Mandel casts doubt on the legal basis of this principle. Reacting to this claim, this contribution demonstrates that the ‘equality of belligerents’ is a principle firmly grounded in both conventional and customary international law. Moreover, its legal force withstands the test of international jurisprudence, including the International Court of Justice's controversial Nuclear Weapons advisory opin

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2

Somer, Jonathan. "Jungle justice: passing sentence on the equality of belligerents in non-international armed conflict." International Review of the Red Cross 89, no. 867 (2007): 655–90. http://dx.doi.org/10.1017/s1816383107001221.

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AbstractA special challenge posed by the international humanitarian law (IHL) principle of equality of belligerents in the context of non-international armed conflict is the capacity of armed opposition groups to pass sentences on individuals for acts related to the hostilities. Today this situation is conflated by the concurrent application of international human rights and criminal law. The fair trial provisions of IHL can incorporate their human rights equivalents either qua human rights law or by analogy, recognizing that human rights law does not account for the anomalous relationship bet

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MANDEL, MICHAEL. "Aggressors' Rights: The Doctrine of ‘Equality between Belligerents’ and the Legacy of Nuremberg." Leiden Journal of International Law 24, no. 3 (2011): 627–50. http://dx.doi.org/10.1017/s0922156511000288.

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AbstractThe moral and legal debate over the separation of jus in bello from jus ad bellum generally assumes that the law of war supports this separation and the concomitant doctrine of ‘equality between belligerents’, also known as the ‘duality’ or the ‘symmetry’ principle. This article examines the Nuremberg-era precedents and legal scholarship, as well as more recent legal and scholarly material, and argues that the general assumption is wrong and that the arguments supporting the radical legal separation of the two jus's are unconvincing.

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CHEHTMAN, ALEJANDRO. "Revisionist Just War Theory and the Concept of War Crimes." Leiden Journal of International Law 31, no. 1 (2017): 171–94. http://dx.doi.org/10.1017/s0922156517000498.

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AbstractUnder contemporary international law, war crimes are conceived as particularly serious violations of the laws of armed conflict. Mere participation of rank-and-file soldiers in an unjust or unlawful war is generally not considered to warrant legal punishment. This position is based on the principle of equality between belligerents. During the last 20 years, this principle has been challenged by the so-called revisionist position in just war theory, as well as by certain scholars in international law. According to them, unjust or unlawful participants in armed conflict perpetrate seriou

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Chehtman, Alejandro. "OCCUPATION COURTS,JUS AD BELLUMCONSIDERATIONS, AND NON-STATE ACTORS: REVISITING THE ETHICS OF MILITARY OCCUPATION." Legal Theory 21, no. 1 (2015): 18–46. http://dx.doi.org/10.1017/s1352325215000087.

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ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just war theory, it argues in favor o

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Yun, Seira. "Breaking Imaginary Barriers." Journal of International Humanitarian Legal Studies 5, no. 1-2 (2014): 213–57. http://dx.doi.org/10.1163/18781527-00501008.

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This paper seeks to clarify the confusions regarding the relationships between international human rights law and international humanitarian law, the principle of equality of belligerents, and the use of the term “should” in treaties. For this purpose, it examines, as a case study, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, on which doctrine is divided whether Article 4(1) thereof is binding on armed non-State actors. First, this paper reconceptualizes international humanitarian law as a subset of international human rig

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Heffes, Ezequiel, Marcos D. Kotlik, and Brian E. Frenkel. "Addressing Armed Opposition Groups through Security Council Resolutions: A New Paradigm?" Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 32–67. http://dx.doi.org/10.1163/18757413-00180003.

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In the last few decades, the un Security Council has increasingly implemented enforcement measures in the context of many non-international armed conflicts. Both in those cases and in international conflicts, certain resolutions explicitly impose rights and obligations upon all the parties, without making a legal distinction between States and non-State actors, including armed opposition groups. This paper aims to explain some consequences of the approach adopted by the Security Council. Mainly, two issues are dealt with: (a) how does the Security Council address armed opposition groups and to

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Heffes, Ezequiel, and Marcos D. Kotlik. "Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts: An inquiry into the governing legal regime." International Review of the Red Cross 96, no. 895-896 (2014): 1195–224. http://dx.doi.org/10.1017/s1816383115000788.

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AbstractCommon 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

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Pfanner, Toni. "Asymmetrical warfare from the perspective of humanitarian law and humanitarian action." International Review of the Red Cross 87, no. 857 (2005): 149–74. http://dx.doi.org/10.1017/s1816383100181238.

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AbstractWarring parties are increasingly unequal and the principle of equality of arms does not apply to them. This asymmetry in warfare has many ramifications. The militarily weaker party is tempted to have recourse to unlawful methods of warfare in order to overcome the adversaries' strength. The expectation of reciprocity as a fundamental motivation for respecting the law is often illusory and replaced instead with perfidious behaviour; covert operations substitute for open battles, “special rules” are made for “special situations”. The fight against international terrorism seems to constit

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Charvet, John. "Fundamental Equality." Utilitas 10, no. 3 (1998): 337–52. http://dx.doi.org/10.1017/s0953820800006257.

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By fundamental equality is meant the idea of the equal worth of human beings understood as a constitutive principle of morality. The paper is concerned with how this principle may be justified. Attempts to justify it in an objectivist way by citing some quality of human beings in virtue of which they are supposed to be of equal worth are rejected. Such approaches in fact justify inequality to the extent that some people possess the quality to a greater degree than others. The endeavour to avoid this trap, by attributing an inherent worth to each individual by virtue of their possession of the

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Guo, Ruyuan. "Theoretical Research on the Principle of Equality in Civil Law from the Perspective of Civil Society." Asian Social Science 15, no. 10 (2019): 141. http://dx.doi.org/10.5539/ass.v15n10p141.

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The assertion of equality of rights and abilities in the equality principle of civil law is incompatible with social practice. This kind of realistic contradiction forces the study of the essence of the equality principle of civil law to change a new path from &ldquo;what is the principle of equality of civil law&rdquo; to &ldquo;what is not&rdquo;. Based on this, the &ldquo;essence&rdquo; of the equality principle of civil law is to highlight the &ldquo;principle&rdquo; attribute of &ldquo;equality&rdquo; by excluding regularity assertion, and guarantee

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Tomić, Jovana. "PRINCIPLE OF EQUALITY – NOTION AND APPLICATION IN SERBIAN LAW." SCIENCE International Journal 3, no. 2 (2024): 163–68. http://dx.doi.org/10.35120/sciencej0302163t.

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The principle of equality (of parties) means that all subjects in a legal relationship are put in an equal position, i.e. equal legal position. It is a principle describing a relationship between two wills, which may be the one of coordination or subordination. Despite the fact that in theory the equality of parties is viewed through the lens of equality of two wills, this principle is also applied in the areas where the relationship between parties is defined as the one of subordination. The principle of equality is studied in private and public law alike, but is considered to be a differenti

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Ilieva, N. V., and V. S. Kulia. "THE GUARANTEES OF THE CONCEPT OF THE PRINCIPLE OF EQUALITY OF ALL PARTICIPANTS IN THE ADMINISTRATIVE PROCESS BEFORE THE LAW AND THE COURTS IN UKRAINE." Constitutional State, no. 55 (October 15, 2024): 66–76. http://dx.doi.org/10.18524/2411-2054.2024.55.311957.

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The article analyzes approaches to understanding the concept of guarantees, the essence of guarantees, general guarantees of the principle of equality of all participants in court proceedings and special guarantees of the principle of equality of all participants in the administrative process before the law and the court. The primary definitions of the concept of guarantees, the main guarantees of the general principle of equality were studied, the principle of equality of participants in court proceedings was separately studied, the classification of such guarantees was considered taking into

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Yusuvalieva, Rakhima. "FORMATION OF THE EQUALITY PRINCIPLE AS A GENERAL PRINCIPLE OF LAW." Jurisprudence 2, no. 2 (2022): 152–65. http://dx.doi.org/10.51788/tsul.jurisprudence.2.2./neyw8712.

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The article is devoted to the formation and development of the principle of equality as a general principle of law, the concept and essence of the principle of equality in law, philosophical and legal interpretations of this principle, the meaning of the principle of equality in lawmaking, law enforcement and legal responsibility, sentencing, legal culture, public relations and its essence in international law. The relevance of the research topic is explained primarily by the fact that in conditions of deepening legal reforms carried out in society, raising the legal awareness of the populatio

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MacLeod, Colin M. "Partial Equality." Dialogue 37, no. 4 (1998): 775–98. http://dx.doi.org/10.1017/s0012217300009823.

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Despite the diversity and important disagreement which characterizes theorizing in political philosophy, most contemporary theories of justice yield remarkably similar verdicts on the moral adequacy of current distributions of wealth, income, and opportunity. By almost any standard of justice defended today, we live in a profoundly unjust world. It is obvious, for instance, that utilitarianism, the difference principle, equality of resources, and even modest-sounding principles of equality of opportunity all condemn the yawning gulf which separates the rich and the poor of the world. Even Nozi

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Moellendorf, Darrel. "Equality of Opportunity Globalized?" Canadian Journal of Law and Jurisprudence 19, no. 02 (2006): 301–18. http://dx.doi.org/10.1017/s0841820900004124.

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The principle of global equality of opportunity is an important part of the commitment to global egalitarianism. In this paper I discuss how a principle of global equality of opportunity follows from a commitment to equal respect for the autonomy of all persons, and defend the principle against some of the criticism that it has received. The particular criticisms that I address contend that a moral view based upon dignity and respect cannot take properties of persons-such as their citizenship-as morally arbitrary, that any justification of what counts as equal opportunity sets must be based up

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Everett, Andrea L. "Humanitarian Military Action in the 21st Century: Three Trends Shaping the Contemporary Landscape." Global Responsibility to Protect 11, no. 3 (2019): 257–83. http://dx.doi.org/10.1163/1875984x-01103002.

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The practice of humanitarian military action has changed markedly in the 21st century when compared with the 1990s. This essay explores three broad trends that have shaped this evolution. First, the UN has adopted the protection of civilians as a central element of its agenda and as a guiding principle for reforming its peace operations and its responses to atrocities such as genocide and ethnic cleansing. Second, major powers have played a central role as belligerents or patrons of belligerents in many of the worst conflicts of the last two decades. And third, the wealthy Western states with

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Jowell, J. "Is Equality a Constitutional Principle?" Current Legal Problems 47, Part 2 (1994): 1–18. http://dx.doi.org/10.1093/clp/47.part_2.1.

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UMUTONIWASE, Rosette. "EXAMINATION OF GENDER EQUALITY COMPLIANCE UNDER THE RWANDAN LEGAL FRAMEWORK." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 10, no. 4 (2023): 547–61. http://dx.doi.org/10.5771/2363-6262-2023-4-547.

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This research investigated the position of Gender Equality in the Rwandan Legal Framework. The general objective of this study was to identify the challenges that impede the effective implementation of the principle of Gender Equality in Rwanda. The research concludes that over the past 25 years, Rwanda has achieved impressive progress in establishing legal and policy frameworks that support the principle of gender equality. The research reveals that there is still a lack of compliance with the effective implementation of the principle of gender equality in practice, along with some persistent

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Wall, Steven. "RESCUING JUSTICE FROM EQUALITY." Social Philosophy and Policy 29, no. 1 (2011): 180–212. http://dx.doi.org/10.1017/s0265052511000136.

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AbstractIn the wake of G. A. Cohen's masterful critique of Rawls's work, this paper discusses Rawlsian justice in general and the difference principle in particular. It argues that Rawlsian arguments for the difference principle present a puzzle and that to respond adequately to the puzzle we must engage in rational reconstruction. After explaining the puzzle and considering and rejecting a number of responses to it, the paper begins its reconstructive project. It presents the case for viewing the difference principle as a maximizing prioritarian principle of justice, one that that contains no

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MEHRABYAN, Samvel A. "Correlation of legality principle and parties’ equality principle in the claim proceedings." Current Issues of the State and Law, no. 1 (2022): 76–85. http://dx.doi.org/10.20310/2587-9340-2022-6-1-76-85.

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We consider the relationship between legality principle and parties’ equality principle in the claim proceed-ings. We believe that the basis for ensuring the actual implementation of this principle is a correct understanding of the interdependence of these principles. We focus special attention on the interdependence of legality and equality of the parties, which in absolute terms can be regarded as a sign of complementarity. We aim to analyze the relationship between legality principle and parties’ equality principle in the claim proceedings. Tasks: to study the concept and significance of th

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Velcani, Majlinda. "International Instruments for the Principle of Equality." Interdisciplinary Journal of Research and Development 11, no. 1 S1 (2024): 82. http://dx.doi.org/10.56345/ijrdv11n1s113.

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The purpose of this paper is to show what are the international instruments for the realization of equality and non-discrimination. The international instruments for the realization of equality and to fight discrimination are always in continuous development, being harmonized with the initiatives of different countries. These initiatives not only individually but also in joint coordination. The concept of equality and freedom has evolved enormously in the last decades, but it still remains a present problem. The aim is that these principles are not only foreseen in international conventions or

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O'Hare, Ursula. "Equality and Affirmative Action in International Human Rights Law and its Relevance to the European Union." International Journal of Discrimination and the Law 4, no. 1 (2000): 3–45. http://dx.doi.org/10.1177/135822910000400102.

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Human rights norms have played an increasingly important role in recent equality cases before the European Court of Justice, including the Marschall case on positive action. This paper aims to contribute to the positive action debate in Community law by exploring the meaning of the equality principle in human rights law and outlining the potential relevance of the human rights approach to affirmative action for the development of the equality principle in Community law. The paper suggests that the equality principle in human rights law, not only permits, but arguably may, in certain circumstan

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Milova, T. "CONSTITUTIONAL AND LEGAL ASPECT OF THE PRINCIPLE OF EQUALITY AS GUARANTEES OF THE RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN UKRAINE." Scientific Notes Series Law 1, no. 12 (2022): 14–18. http://dx.doi.org/10.36550/2522-9230-2022-12-14-18.

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The article is devoted to the coverage of the concept and content of the constitutional principle of equality as a guarantee of the realization of human and civil rights and freedoms in Ukraine. Different approaches of scientists to the definition of the concept and structure of this principle are analyzed. Definitions such as "equality", "equality" or "equality", their content, relationship and meaning are highlighted. These concepts are considered from the point of view of constitutional law, in particular: equality implies equal legal status of man and citizen before the law, in other words

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Tungodden, Bertil. "THE VALUE OF EQUALITY." Economics and Philosophy 19, no. 1 (2003): 1–44. http://dx.doi.org/10.1017/s0266267103001007.

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Over the years, egalitarian philosophers have made some challenging claims about the nature of egalitarianism. They have argued that egalitarian reasoning should make us reject the Pareto principle; that the Rawlsian leximin principle is not an egalitarian idea; that the Pigou–Dalton principle needs modification; that the intersection approach faces deep problems; that the numbers should not count within an egalitarian framework, and that egalitarianism should make us reject the property of transitivity in normative reasoning. In this paper, taking the recent philosophical debate on equality v

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Spicker, Paul. "Equality versus Solidarity." Government and Opposition 27, no. 1 (1992): 66–77. http://dx.doi.org/10.1111/j.1477-7053.1992.tb00767.x.

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THE PRINCIPLE OF ‘SOLIDARITY’ IN FRANCE HAS COME TO stand for a justification of social policy in terms of the protection of mutual interests. In the literature of social policy, ‘solidarity’ refers to the establishment of collective action and recognition of mutual responsibility. The principle is often related to egalitarian policies; but the prescriptions of ‘solidarity’ may tend in a very different direction to policies which pursue equality. Equality and solidarity are not necessarily incompatible objectives, but as commonly understood, there is a tension between them which means that eac

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Chornopyska, V., and M. Sheptytska. "Legal security of the principle of equality of religious organizations in Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 79 (2023): 172–76. http://dx.doi.org/10.24144/2307-3322.2023.79.1.29.

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The article characterizes the peculiarities of the legal provision of the principle of equality of religious organizations in Ukraine, new trends and directions in its implementation are clarified. It was determined that the principle of equality in law involves two main aspects that characterize its content, equal subordination of all laws of Ukraine and fair equality of rights and opportunities (ontological components of equality). Both of these sides of the principle of equality are revealed in legal regulation, the quality of which the state must ensure in order to achieve equality in soci

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Ilieva, N. V., and V. S. Kulia. "CONCERNING THE DEFINITION OF THE CONCEPT OF THE PRINCIPLE OF EQUALITY OF ALL PARTICIPANTS IN THE ADMINISTRATIVE PROCESS BEFORE THE LAW AND THE COURTS IN UKRAINE." Constitutional State, no. 51 (October 15, 2023): 53–61. http://dx.doi.org/10.18524/2411-2054.2023.51.287984.

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The article analyzes approaches to understanding the concept, content and essence of the principle of equality of all participants in the administrative process before the law and the court. Were researched the primary definitions of the concept of the principle, the researched principle was considered through the prism of the principles of justice and the general constitutional principles of equality. This article determines that the principle of equality of all participants in the administrative process before the law and the court has many aspects, most of which are not fixed and not fully

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Любарський, В. О. "РІВНІСТЬ ПЕРЕД ЗАКОНОМ І СУДОМ У ПРАКТИЦІ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 28 (30 березня 2021): 111–17. https://doi.org/10.5281/zenodo.5503358.

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In this article, we researched the European Court of Human Rights case law for the application of aspects of equality before the law and the court. Besides, it is separated categories of judicial disputes in terms of a researched issue. Furthermore, we analyzed the current legislation of Ukraine on the implementation of judgements and application of the case-law of the European Court of Human Rights. We studied the Convention for the Protection of Human Rights and Fundamental Freedoms, particularly equality before the law and the court and processed judicial cases on this issue. According to t

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Pavlichenko, V. M. "Ensuring Gender Equality in Labour Relations with Employees of Ukraine’s Customs Authorities." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 320–25. http://dx.doi.org/10.24144/2307-3322.2023.78.1.52.

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The article elucidates the specifics of ensuring gender equality in labour relations with customs employees (officials). The author formulates the definition of the concept of “the principle of gender equality in the field of labour and employment,” in the context of which they highlight the general social and legal significance of ensuring the principle of gender equality in labour relations involving customs employees. It is established that gender equality is vital for creating effective and fair conditions for the performance of labour (official) duties in the customs authorities. Concurre

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AL-DLABEEH, Abedalrzag, Ahmad Hussein ALSHARQAWI, Rami AL KLOUB, and Abdel-Kareem Ottallah KARABSHEH. "The Role of International Criminal Law in Violations of the Environment During Armed Conflict." Journal of Environmental Management and Tourism 13, no. 3 (2022): 643. http://dx.doi.org/10.14505/jemt.v13.3(59).04.

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The issue of protecting and preserving the environment is a great responsibility that falls on the shoulders of the state in all circumstances and conditions, whether in times of peace or in times of war, and there is no doubt that the commitment to preserving the environment becomes more necessary in times of war. The importance of international humanitarian law emerges during armed conflicts, as it is the applicable law, and as it is known that the environment in times of armed conflicts is exposed to major violations that may exceed those to which it is exposed in times of peace. The protec

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Vasil’ev, A. A. "The Constitutional Principle of Equality before the Courts: Substantive and Procedural Aspects." Izvestiya of Saratov University. Economics. Management. Law 11, no. 2 (2011): 85–88. http://dx.doi.org/10.18500/1994-2540-2011-11-2-85-88.

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The article considers the specificity of the Russian Federation Constitution enshrined the principle of equality before the courts in relation to the adversarial principle. The author substantiates the idea that this principle has two aspects, expressing its essence: the substantive and procedural. In the material sense, it represents a concretization of the constitutional principle of equality and is largely associated with the provision of formal or de jure equality. Procedural aspects include the provision of real competition in the process, which in turn requires a «leveling» of the actual

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Setiyowati, Eka Yuli. "Kesetaraaan Gender dan Implikasinya Terhadap Perilaku Sosial dalam Perspektif Sila Kelima Pancasila." AL-ULUM : Jurnal Ilmu Sosial dan Humaniora 10, no. 2 (2024): 108. http://dx.doi.org/10.31602/alsh.v10i2.16836.

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This article discusses gender equality and its implications for social behavior in the perspective of the fifth principle of Pancasila. Using a literature-based qualitative research method, this article examines three main aspects, namely the condition of gender equality in Indonesia, the relationship between gender equality and the values of the fifth principle of Pancasila, and its impact on social behavior. Gender equality includes equal rights and opportunities for women and men in various fields, including education, employment and decision-making. Although the government has made steps t

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Serdiuk, Valentyn, Valentyn Liubarskyi, and Ruslan Skrynkovskyy. "Guarantees of Ensuring Equality Before the Law and the Court in Ukraine." Path of Science 7, no. 6 (2021): 1043–48. http://dx.doi.org/10.22178/pos.71-7.

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The article provides a theoretical analysis of the implementation of the principle of equality before the law and the court as the main principle of justice. Next, the modern understanding of the principle of equality before the law and the court is studied. Finally, the inviolability of citizens and various officials to whom inviolability is granted for exercising their powers in terms of equality before the law and the court is analyzed.

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Karvatska, Svitlana, Ivan Toronchuk, and Alyona Manyk. "Gender Equality Principle: Application in ECtHR’s Practice." Logos Universality Mentality Education Novelty: Law 9, no. 1 (2021): 83–95. http://dx.doi.org/10.18662/lumenlaw/9.1/59.

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The article is devoted to analyzing the decisions of the European Court of Human Rights (ECtHR), which concerned the issue of gender equality, distinctive features of the application of a gender equality principle by the ECtHR. Based on a study of ECtHR's rulings, it is noted that the concept of gender equality as one of the objectives of the Council of Europe has been applied by the ECtHR since the early 1990s. The ECtHR's approaches to dealing with gender equality cases are characterized both through the prism of non-discrimination (applying Article 14 of the European Convention on Human Rig

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Galuzina, Ksenia A. "Criterion for Differentiating the Principle of Equality of Citizens before Courts and the Principle of Equality of Arms in Action." Russian Journal of Legal Studies (Moscow) 1, no. 2 (2024): 77–82. http://dx.doi.org/10.17816/rjls631811.

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This article addresses the issue of conflicting the principle of equality of citizens before the courts and the principle of equality of arms in action, using enforcement proceedings as an example. This confusion may arise from the inability to support these principles with constitutional backing, given that enforcement proceedings are not stages of legal proceedings. Conversely, the independence of these principles is confirmed by the doctrine and legislation of procedural branches of law, where they are recognized as distinct. In this context, this article seeks to identify general criteria

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Lee, Dongjin. "The Principle of Equality and Private Law." Korean Association of Civil Law 105 (December 31, 2023): 37–70. http://dx.doi.org/10.52554/kjcl.2023.105.37.

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The principle of equality has traditionally been a topic in public law scholarship. In recent years, however, it is increasingly discussed in private law scholarship. This paper discusses how the principle of equality operates in private law. The conclusions are as follows: First, private law legislation as well as private law interpretation have been undoubtedly bound by the principle of equality. However, private law relationships between private persons are not. In this area, the so-called horizontal effect of principle of equality or rights thereto shall be denied. Second, there are exampl

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Gruzdev, Vladislav V. "THE CIVIL LAW PRINCIPLE OF EQUALITY." Vestnik Tomskogo gosudarstvennogo universiteta, no. 418 (May 1, 2017): 199–201. http://dx.doi.org/10.17223/15617793/418/25.

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Stanton-Ife, John. "Should Equality be a Constitutional Principle?" King's Law Journal 11, no. 2 (2000): 133–52. http://dx.doi.org/10.1080/09615768.2000.11423599.

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Howard, Erica. "ECJ Advances Equality in Europe by Giving Horizontal Direct Effect to Directives." European Public Law 17, Issue 4 (2011): 729–43. http://dx.doi.org/10.54648/euro2011046.

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In a large number of cases, the European Court of Justice (ECJ) has held that the principle of equality and non-discrimination is a general and fundamental principle of Community law, the observance of which the ECJ has to ensure. This article argues that the ECJ has, in a number of recent cases concerning the Equality Directives of 2000, taken further steps towards the development of this principle and has bestowed on these Directives horizontal direct effect based on the fact that they are specific expressions of the, both horizontally and vertically, directly effective principle of equality

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Kaganovska, Tetyana, and Tetiana Olehivna Semenenko. "ESSENCE OF THE PRINCIPLE OF GENDER EQUALITY IN THE SYSTEM OF STATE AUTHORITIES OF UKRAINE." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 32 (December 27, 2021): 33–38. http://dx.doi.org/10.26565/2075-1834-2021-32-05.

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Annotation. The article examines the concept of the principle of gender equality in the system of state power, indicates the legal international and national basis for the formation of the institution of ensuring the principle of gender equality in general and in the system of public authorities in particular. The author analyzes the content of the concepts "principle", "gender" and "equality", emphasizes the problem of underrepresentation of women in public authorities, the need to ensure a fair balance of government officials by gender, illustrates statistics on the ratio of officials by gen

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Arseni, Alexandru, and Mihaela Săftoiu. "Equality between citizens. language as criterion of discrimination." National Law Journal, no. 2(250) (May 2024): 93–102. http://dx.doi.org/10.52388/1811-0770.2023.2(250).10.

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Equality is a trivalent constitutional principle. It can be regarded both as a general principle of rights, as a fundamental right and as an additional guarantee for the exercise of fundamental rights, freedoms and duties. Respect for the principle of equality for all persons irrespective of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin excludes discrimination and is a catalyst for human dignity. Non-discrimination is a basic rule in human rights law and a resonance of the principle of equality. All relevant international hum

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Cole, Rowland JV. "Validating the Normative Value and Legal Recognition of the Principle of Equality of Arms in Criminal Proceedings in Botswana." Journal of African Law 56, no. 1 (2011): 68–86. http://dx.doi.org/10.1017/s0021855311000222.

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AbstractThe principle of equality of arms is firmly entrenched in the jurisprudence of international tribunals, but hardly at all in domestic systems. This article argues for the principle to be applied in Botswana's adversarial system, as a way of ensuring procedural equality and enhancing fair trials. After examining the normative value of the principle, the article refers to a number of domestic jurisdictions that have applied the principle. It also examines the general acceptability of equality and fairness in Botswana case law. This represents a foundation for applying the principle in Bo

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Ковалев, Н. С. "The principle of equality before the law in criminal and penal law: specification and place in the system of principles of these industries." Vestnik Kuzbasskogo instituta, no. 4(49) (December 20, 2021): 92–100. http://dx.doi.org/10.53993/2078-3914/2021/4(49)/92-100.

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В статье рассматривается принцип равенства перед законом, закрепленный в уголовном и уголовно-исполнительном праве. Исследуются и сопоставляются признаки принципа равенства перед законом, закрепленного в Конституции РФ, уголовном и уголовно-исполнительном праве. Автором проводится анализ доктринальных положений по поводу содержания и признаков принципа равенства перед законом в уголовном и уголовно-исполнительном праве. Исследуется его место в системе принципов рассматриваемых отраслей права. В результате проведенного исследования автором был сделан обоснованный вывод о том, что принцип равенс

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Jastrzębski, Marcin. "Districting in the 2023 Sejm Elections and the Principle of Equality of Representation — Selected Aspects." Polish Political Science Review 12, no. 1 (2024): 1–14. http://dx.doi.org/10.2478/ppsr-2024-0001.

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Abstract This scientific article examines the system of electoral districting in the 2023 Sejm elections and its impact on the principle of equality of representation. The main objectives of the study are to analyse the relationship between the principle of equality of representation and electoral districting in Sejm elections, evaluate the compliance of current constituency boundaries with this principle, and assess the potential consequences of any changes in districting in the 2023 Sejm elections in terms of electoral representation. The research questions guiding this study are as follows:

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Florea, Dumitriţa, and Narcisa Gales. "Violation of the Principle of Sovereignty that Legitimizes the Actions of the Security Council." European Journal of Law and Public Administration 10, no. 1 (2023): 34–42. http://dx.doi.org/10.18662/eljpa/10.1/193.

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The link between sovereignty and international law found its legal embodiment in the principle of sovereign equality of states. The principle of sovereign equality of states is a complex principle, in two ways: both of its components can be considered independent principles. The combination of these elements gave rise to an international legal phenomenon - the principle of sovereign equality of states. It assumes that any state must fully fulfil its international obligations. Within the framework of this principle of sovereign equality, sovereignty itself has regained its definition in the rel

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Ковалев, Н. С. "Implementation of the principle of equality before the law in the appointment and execution of criminal punishment: issues of formal equality and legal exceptions." Vestnik Kuzbasskogo instituta, no. 2(51) (June 17, 2022): 56–64. http://dx.doi.org/10.53993/2078-3914/2022/2(51)/56-64.

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В статье исследуются и сопоставляются признаки принципа равенства перед законом, закрепленного в Конституции РФ, уголовном и уголовно-исполнительном праве России. Проводится анализ доктринальных положений о диалектическом начале формального равенства и правовых исключений, заложенных в основу принципа равенства перед законом. Автором выявлены общие признаки, характеризующие исследуемый принцип как в качестве общеправового, так и в качестве отраслевого принципа. Исследуется судебная практика по вопросам реализации принципа равенства перед законом при назначении и исполнении уголовных наказаний.

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BARNARD, CATHERINE. "THE PRINCIPLE OF EQUALITY IN THE COMMUNITY CONTEXT: P, GRANT, KALANKE AND MARSCHALL: FOUR UNEASY BEDFELLOWS?" Cambridge Law Journal 57, no. 2 (1998): 352–73. http://dx.doi.org/10.1017/s0008197398000063.

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The importance of the principle of equality to the legal order of the European Union has been underlined by four important but contradictory cases: P v. S; Grant v. South West Trains; Kalanke and Marschall. These cases demonstrate various attempts by the Court to come to terms with what is meant by equality and to decide what protection should be provided by Community law. These, and earlier cases, offer various perspectives on the principle of equality. First, equality can be seen as a rallying cry, a political slogan but little else. Second, equality is a societal goal, a general aspirationa

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Blicharz, Jolanta. "Związek między zasadą równości a zasadą sprawiedliwości społecznej w polskiej Konstytucji i orzecznictwie Trybunału Konstytucyjnego. Próba spojrzenia ogólnego." Przegląd Prawa i Administracji 114 (August 10, 2018): 59–69. http://dx.doi.org/10.19195/0137-1134.114.2.

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THE RELATIONSHIP BETWEEN THE PRINCIPLE OF EQUALITY AND THE PRINCIPLE OF SOCIAL JUSTICE IN THE POLISH CONSTITUTION AND THE JURISPRUDENCE OF THE CONSTITUTIONAL TRIBUNAL. AN ATTEMPT OF A GENERAL ANALYSISThe definition of a justice as the obligation of specificactions in relation to other persons from the point of view of equality results from the fact that by implementing of the principles of justice, it is realised the moral imperative of solidarity with people who are worse off , especially for reasons that are not caused by them. It follows the conclusion that the principle of equality before

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Soleh, A. Khudori. "Mencermati Teori Keadilan Sosial John Rawls." ULUL ALBAB Jurnal Studi Islam 5, no. 1 (2018): 175–92. http://dx.doi.org/10.18860/ua.v5i1.6152.

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Rawls' justice theory is based on three basic concepts: concept of property from John Locke, social contract from Rousseau, and imperative categories from Kant. This Rawls' justice conception itself emerges as a respond for social injustice in society as well as i nequitable behavior affected by the ethics of utilitarianism. Furthermore, according to Rawls, justice is fairness. The principles of justice are, (1) equal and maximum feasible liberty for all, (2) power and wealth to be distributed equally, except where inequalities; would work for the adage of all and where all would have equal op

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