To see the other types of publications on this topic, follow the link: Right of War.
Journal articles on the topic 'Right of War'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Right of War.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Lee, Hwan Kyung. "A Study on the War Powers of the President of the United States." Institute for Legal Studies Chonnam National University 43, no. 4 (2023): 27–51. http://dx.doi.org/10.38133/cnulawreview.2023.43.4.27.
Full textAbstract:
The U.S. president's right to war is one of the key issues in the separation of powers between the president and Congress under the U.S. Constitution. The U.S. Constitution distributes the right to war to the president and Congress, and the president is given the right to wage war and the Congress is given the right to declare war. However, this decentralized power worked in the president's favor in reality, and the president often waged war without the consent of Congress.
 The provisions of the right to war in the U.S. Constitution are stipulated in Article 2, Paragraph 2, which gives the president the right to command the military, and Article 1, Paragraph 8, which gives the Congress the right to declare war. Constitutional makers gave the president the right to wage war, allowing the president to take military action quickly and flexibly in wartime situations. In addition, by granting the Congress the right to declare war, the president's right to war was checked and a mechanism was prepared to reflect the people's intention to war.
 The right to war in the United States has been a subject of debate since the beginning of the founding of the United States. George Washington, the first president, exercised his own right to wage war without Congress' consent, and this behavior was inherited by subsequent presidents. However, the prolongation and defeat of the Vietnam War changed the perception of the war in American society, and in 1973, Congress enacted the War Rights Resolution to limit the president's right to wage the war.
 The Warzone Resolution requires the president to end the military operation unless approved by Congress within 60 days. However, the resolution of the war zone was virtually neutralized by the president's disregard for Congress and the Supreme Court's denial of constitutionality. In addition, the resolution of the right to war does not clearly define the concept of war or the scope of war, so it does not substantially limit the president's right to wage war.
 America's right to war remains a major source of conflict between Congress and the president. Congress is trying to limit the president's right to wage war, but the president is trying to exercise the right to wage war stipulated in the constitution. These conflicts are expected to have a major impact on the US foreign and security policy.
 America's right to war is a key issue in the separation of powers between the president and Congress. It is necessary to readjust the right to war in order to secure the legitimacy and democracy of war while maintaining the separation of powers between the president and the parliament. To this end, legislative efforts are needed to clearly define the concept of war and the scope of war conduct, and to substantially strengthen the parliament's right to war.
2
Gordon, Philip H. "Winning the Right War." Survival 49, no. 4 (2007): 17–45. http://dx.doi.org/10.1080/00396330701733894.
Full text
3
Plakhtii, V. M., Ye M. Kraskovskyi, and V. V. Turetskyi. "PECULIARITIES OF THE LEGAL STATUS OF WAR PRISONERS DETAINED IN PENAL INSTITUTIONS OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE." Scientific Herald of Sivershchyna. Series: Law 2022, no. 2 (2022): 7–16. http://dx.doi.org/10.32755/sjlaw.2022.02.007.
Full textAbstract:
The article is devoted to studying the peculiarities of the legal status of war prisoners detained in penal institutions of the State Criminal and Executive Service of Ukraine. In addition, it was noted that there were some problems in determining the legal status of war prisoners, defining the range of their rights and responsibilities, outlining the legitimate interests of persons in POW camps in Ukraine. According to the authors, in order to disclose the legal status of war prisoners, the legal status of convicts detained in penal institutions should be considered and due to it the legal status of war prisoners should be determined. It should be done because of the fact that they are held in the institutions of the State Criminal and Executive Service in the same way as those sentenced due to the following elements: a) subjective rights, b) legitimate interests and c) responsibilities of convicts. According to the authors, special attention is paid to such rights as: respect for human honor and dignity; the right to freedom of religion and the conduct of religious rites; the right to maintain contact with the outside world; the right to apply to controlling and supervisory bodies; the right to possess personal belongings and funds, all items and things for personal use, uniforms and food, sums of money and valuables remain war prisoners’ property, except when the removal of the latter is necessary to ensure war prisoners’ safety; the right to health care; the right to normal material and domestic support for compliance with national legislation; respect for the staff of penal institutions and POW camps; obligatory work for certain categories of people. Key words: war prisoner, military man, criminal liability, legal status, POW camps.
4
Valagussa, Francesco. "The war behind this war." Aisthesis. Pratiche, linguaggi e saperi dell’estetico 16, no. 2 (2024): 73–80. http://dx.doi.org/10.36253/aisthesis-14453.
Full textAbstract:
This article intends to read the profound dynamics that characterise the current war in the light of certain classical philosophical categories such as the relationship established by Hegel between substance and subject, the difference between the concept of substance and the concept of function as it was discussed by Cassirer, and finally the binomial power over life and right of death reread by Foucault in a biopolitical key. In the light of these polarities, it is in fact possible to identify two opposing worldviews – on which depend two completely different ways of understanding the function of the state, the weight to be ascribed to rights, and even two different ways of conceiving and conducting war – that do not necessarily coincide with the two opposing sides in the field.
5
Prins, Gwyn, Ronald Britton, and Ian Brownlie Qc. "The ‘right’ to wage war." Medicine and War 1, no. 3 (1985): 217–19. http://dx.doi.org/10.1080/07488008508408645.
Full text
6
Reitberger, Magnus. "License to kill: is legitimate authority a requirement for just war?" International Theory 5, no. 1 (2013): 64–93. http://dx.doi.org/10.1017/s1752971913000122.
Full textAbstract:
In traditional just war theory, legitimate authority is regarded as a necessary requirement for war to be just. This article challenges this requirement by arguing that a right to wage war can be derived from the right to self-defense and the justifiability of exercising political power to protect basic human rights. Arguments for the legitimate authority-requirement are then surveyed and rejected as insufficient to defend the principle's privileged status. It is argued that just war theory does not need the legitimate authority-requirement and may benefit from its removal.
7
Galanders, Oskars. "Unpacking Human Rights: Freedom of Consciousness, Bodily Autonomy & Right to Life in the Context of War on Drugs Crimes." ACTA PROSPERITATIS 15, no. 1 (2024): 42–57. http://dx.doi.org/10.2478/acpro-2024-0004.
Full textAbstract:
Abstract This study explores the interplay between the right to life, right to development, bodily autonomy and freedom of conscience, and demonstrates how these factors collectively shape the concept of freedom of consciousness and simultaneously lead to increased access to altered states of consciousness, cognitive liberty, freedom of development, and the peak experiences that Abraham Maslow researched. Second chapter delves into the intersection of human rights and drug policy, specifically examining the implications of the War on Drugs on individual freedoms. It argues that the War on Drugs has led to a violation of fundamental human rights, including cognitive liberty, bodily autonomy, and the right to life. Through an analysis of international human rights law and case studies from around the world, the paper demonstrates how drug-related crimes have resulted in mass incarceration, violence, and human rights abuses. It also explores decriminalization of drug use, end of War on Drugs and criminalization of its’ crimes. The research results provide insights into the interrelation between these three concepts, shedding light on how they intersect and influence each other and in context of War on Drugs hostile environment. Findings also suggest that the War on Drugs has resulted in a significant violation of fundamental human rights.
8
ZÉGOUARÈNE, Samia. "PROTECTION OF WOMEN’S RIGHT IN INTERNATIONAL HUMANS RIGHT." RIMAK International Journal of Humanities and Social Sciences 05, no. 03 (2023): 696–717. http://dx.doi.org/10.47832/2717-8293.23.36.
Full textAbstract:
Despite people’s evolution discrimination remains against women exists in some societies that have deprived women of their social and legal status , which a reference to prevailing customs and principle of guardianship of women by men. During the second war in 1939- 1945 women began to claim their rights as they worked long hours for less than men. Thus the feminist awareness of the movement for the defense of human rights (MDDH) and the emergence of international organizations are beginning to emergence providing the right climate for women to claim their stolen rights, several international instruments have been established in the field of women’s right, committees have been set up to reject their situation and mechanisms have been put in place to implement women’s fundamental rights. Through this research, the protection afforded by international law to women’s human rights will be studied of their various fundamental rights, in civil and political rights, the same is true of economic, social and cultural rights in time of peace and in time of war
9
Hollis, Rosemary. "The Gulf War and Just War Theory: Right Intention." New Blackfriars 73, no. 859 (1992): 210–17. http://dx.doi.org/10.1111/j.1741-2005.1992.tb07232.x.
Full text
10
Haokip, S. Nengneithem, and Prabhu Venkataraman. "Jus post bellum: Justice at the End of War." Journal of Advanced Research in Social Sciences 4, no. 4 (2021): 31–40. http://dx.doi.org/10.33422/jarss.v4i4.584.
Full textAbstract:
Post bellum justice considers vindication of human rights and prosecution on occasion of its violation essential to establish just peace at the end of war. An inquiry into the interrelationship between justice in the commencement, during, and at the end of war reveals the centrality of human rights and just peace. Conversely, jus post bellum's failure is associated with discrepancies in jus ad bellum and jus in bello conditions of just war (JW). The study, therefore, observes an intricate relationship between the three conditions of just war. This correlation is further stressed on the importance of jus ad bellum criteria of right intention and proportionality principle of jus in bello to rightly administer judgment for crimes committed during war. To complement the already existing laws of warfare, the paper distinguished crimes based on intention into presumptuous, not-presumptuous, and un-presumptuous. Thus, all three conditions of just war synergistically work together to justify a just war claim for right resort to force.
11
Chernyak, Alexey Z., and Marina L. Ivleva. "Murder in war as an ethical problem." Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 39, no. 1 (2023): 30–42. http://dx.doi.org/10.21638/spbu17.2023.103.
Full textAbstract:
The article is devoted to the issue of the principles of moral restraint of warfare according to the division of war participants into legitimate and illegitimate targets of military attacks, which is actively discussed in the ethics of war. The authors analyze two competing ways of differentiating this view, corresponding to two versions of the most popular contemporary ethics of war, the Just War Theory (JWT). One approach assumes symmetric rights for both combatants and non-combatants on both sides of the war, while the other approach allocates rights according to the moral significance of the war in which the actors are involved as well as their contribution to it. The authors show that in both cases an important principle of justice is violated. But the reason for this, they suggest, is that in both cases differentiation is proposed according to a certain distribution of rights. In such a case, the only moral justification for creating a lethal threat to the subject in war is that the subject does not have the right not to be so threatened independent of any of his qualities. However, the authors argue that the proposed justifications for the loss of such a right in war are not sufficient. And from this it must follow that both principles of differentiation are unjust. Nevertheless, they can be fair, according to the authors, if we refuse to consider the presence or absence of the relevant right as the only moral justification for creating a lethal or comparable threat to someone in war.
12
Pacheco Sánchez, Carlos Iván. "War and the Right to Health in Colombia: A Case Study of the Department of Nariño." Social Medicine 4, no. 3 (2009): 155–65. https://doi.org/10.71164/socialmedicine.v4i3.2009.370.
Full textAbstract:
This paper reviews compliance with the right to health in Colombia following the reform of the Colombian health system in 1993. A case study in the department of Nariño shows the differential effects of war on the guarantee of the right to health of Colombians. The poorest, most vulnerable populations are affected by war and suffer the greatest violation of their right to health. Violations of human rights, including the right to health, are greatest among poor homes, ethnic groups, sexual minorities and all those living in areas where war is at its most intense. Moreover, the social security health care system’s philosophy and organization have enabled illegal armed agents, mainly the paramilitary, to appropriate and manage health resources and use them for their own ends.
13
Geiß, Robin. "Name, rank, date of birth, serial number and the right to remain silent." International Review of the Red Cross 87, no. 860 (2005): 721–35. http://dx.doi.org/10.1017/s181638310018453x.
Full textAbstract:
AbstractThis article analyses recurring misconceptions about the questioning of prisoners of war. The author takes a two fold approach, first considering matters relating to the identification of prisoners of war, namely contemporary issues such as the use of modern identification techniques, and then discussing interrogation procedures that go beyond the establishment of a prisoner's identity. In this context particular attention is given to the question whether and, if so, at which point in time a prisoner of war starts to benefit from fair trial rights, namely the right to remain silent, the right not to incriminate oneself and the corresponding right to be informed about these fair trial protections.
14
Shekhovtsov, A. "The phenomenon of the european far right and their foreign policy positions." Sociology of Power, no. 2 (June 7, 2021): 168–83. https://doi.org/10.22394/2074-0492-2021-2-168-183.
Full textAbstract:
The article addresses two major issues. The first issue concerns the phenomenon of the European far right. The article argues that the "far right" is an umbrella term that refers to a broad range of ideologues, groups, movements and political parties to the right of the centre right. Fascism was the very first far-right ideology to have acquired worldwide significance. After the Second World War, fascism was discredited in Europe, but it - in the form of neo-fascism - survived in small West European movements and groups that still hoped for an ultranationalist revolution. Nevertheless, the West European post-war far right preferred to adapt to the new political environment rather than reject it. Hence, the post-war far right evolved into two major forms: (1) radical right-wing populist parties, which are the most common type of the far right today, and (2) the New Right that operates on the cultural and intellectual, rather than political, level. The second issue concerns foreign policy orientations of the European far right, and the article discusses these orientations through the prism of the attitudes of the far right towards globalisation, the USA, NATO, European integration, and Russia.
15
Shapiro, Edward S. "The Right Stuff." Academic Questions 36, no. 1 (2023): 123–30. http://dx.doi.org/10.51845/36.1.17.
Full text
16
Đurić, Petar. "The Right to Restitution of Tenancy Rights in Croatia: In Search of Redress for Violations of Individual and Minority Rights of Ethnic Serbs." European Yearbook of Minority Issues Online 13, no. 1 (2016): 319–47. http://dx.doi.org/10.1163/22116117_01301016.
Full textAbstract:
Cancellation and abolition of specially protected tenancy rights by Croatia in the 1991–1996 period severely affected the country’s ethnic Serbs, even to the point of their disappearance. Croatia’s discriminatory laws and actions during and after the war, combined with certain other factors, resulted in the vast majority of ethnic Serbs losing their tenancy rights. This has prevented many ethnic Serbs, who left Croatia during the war, from returning to their homes. Since 80% of all urban housing in prewar Croatia was under specially protected tenancy agreements, the loss of tenancy rights by ethnic Serbs has led to most dramatic demographic changes in the urban areas, with virtually all of Croatia’s towns that were majority Serbian before the war becoming majority Croatian. This has adversely impacted the exercise of a number of minority rights of ethnic Serbs. The loss of tenancy rights has thus negatively affected ethnic Serbs both individually and collectively. As such, the chapter explores the legal basis, under international human rights law, of the right to restitution of specially protected tenancy rights in Croatia as an adequate form of redress. It argues that this is a specific right derived from other rights, notably (i) the right to respect for home and the right to peaceful enjoyment of possessions; (ii) the right to non-discrimination; (iii) the right to housing and property restitution and the right to return home; and (iv) the right to preservation and development of a minority’s identity. The chapter also considers how the right to restitution of tenancy rights in Croatia could be implemented. It suggests that the current housing programme does not provide an effective redress and that several international legal and political mechanisms, along with the European Union in particular, have failed to implement this right thus far, although there may be a recently opened possibility to bring the matter before the Court of Justice of the European Union.
17
Young, John. "Human Rights and the Right to Culture in China." Practicing Anthropology 24, no. 1 (2002): 28–31. http://dx.doi.org/10.17730/praa.24.1.k39514395524n60p.
Full textAbstract:
As anthropologists we are often preoccupied with our own circumscribed studies of local communities. Only during World War II did we embrace the global dimensions and importance of cultural differences. Many Western anthropologists who have recently, and as a matter of conscience, become concerned with globalization have abandoned the concept of culture as an organizing principle, perhaps in part because they confuse cultural relativism with moral relativism, and perhaps because it is fashionable to denounce their forebears. As professionals I think we must deal with the cultural dimensions of a problem first before making moral judgements. I remain convinced that the concept of culture is a useful tool for understanding and shaping macro-level political understanding and dialogue, in somewhat the same way as Ruth Benedict and others demonstrated more than half a century ago. American policy failures in the international arena, of which the war in Afghanistan is one result, are related to arrogance (ethnocentrism) which breeds ignorance of other cultures and a lack of comparative perspective on American culture as well. Human rights is one issue where the United States is blindly pushing its own agenda to its own detriment.
18
Toft, Monica Duffy. "Getting Religion Right in Civil Wars." Journal of Conflict Resolution 65, no. 9 (2021): 1607–34. http://dx.doi.org/10.1177/0022002721997895.
Full textAbstract:
Surveying civil war in the world today is striking in terms of how often religious cleavages and grievances have become central to armed conflict. How are the causes and outcomes of religious civil wars different than other civil wars, if at all? Is Islam implicated for the contemporary surge in religious civil war? The first section reviews the literature and addresses the importance of religion for civil war. I then introduce a dataset and describe key trends in religious civil war in the third section, while in the fourth section I present tests of whether Muslim or Arab Muslim societies in particular are more prone to religious strife. The paper concludes with a discussion of the implications of the main findings.
19
Scruton, Roger, Colin Creighton, and Martin Shaw. "Left and Right: War and Peace." British Journal of Sociology 39, no. 2 (1988): 281. http://dx.doi.org/10.2307/590784.
Full text
20
Weld, Kirsten. "Holy War: Latin America's Far Right." Dissent 67, no. 2 (2020): 57–65. http://dx.doi.org/10.1353/dss.2020.0027.
Full text
21
Menotti, Roberto. "In Search of the Right War." International Spectator 43, no. 1 (2008): 107–9. http://dx.doi.org/10.1080/03932720701880056.
Full text
22
Gerich, A. Y., and A. V. Gerich. "Ensuring the right to life of various categories of persons in conditions of war." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 269–72. http://dx.doi.org/10.24144/2307-3322.2023.80.2.43.
Full textAbstract:
This work examines the issue of ensuring the right to life of various categories of persons in wartime conditions.
 In today’s conditions, the relevance and importance of the right to human life, its realization and protection is obvious, because without such a fundamental right, all other rights lose any meaning. Life is a necessary condition for the realization of all human rights and freedoms. This right is enshrined in all human rights treaties and is part of universal international law.
 It is noted that the decisions of international and national courts regarding respect for the right to life during an armed conflict are not always clear, as they often lead to threats to governments to withdraw from international human rights protection mechanisms. Mechanisms for protecting the right to life need improvement. On October 30, 2018, the UN Committee on Human Rights adopted General Comment No. 36 to Art. 6 of the International Covenant on Civil and Political Rights, where he tried to solve the main problems related to the protection of human rights to life. But, despite the adoption of such an important act, many questions remain open.
 The peculiarities of the state’s obligations to protect the right to life in the conditions of a military conflict include issues of jurisdiction in the conditions of the occupation of the territory; the list of obligations of the state during an armed conflict; the limits of the need to use force in legitimate military actions, in the context of the need to counter terrorist acts, conduct special operations; peculiarities of the investigation of facts of deprivation of life.
 It was concluded that the right to life is an inalienable right of every person, which is guaranteed by the Basic Law of our country, normative legal acts and a number of international acts.
23
Shvetsʹ, Ya, and I. Sokolova. "Violation of children’s rights during the war by the Russian Federation." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 99–103. http://dx.doi.org/10.24144/2307-3322.2022.71.15.
Full textAbstract:
The article is devoted to the study of violations of children’s rights by the Russian Federation during the armed aggression against Ukraine. The article analyzes the international documents on child protection, defines the concept of “child” in the understanding of international institutions. It was found that the special status of children and the need for their legal protection is declared in the Universal Declaration of Human Rights, the UN Convention on the Rights of the Child.
 The international documents that provide for the protection of children’s rights during military aggression have been established, in particular, it has been determined that the Russian Federation systematically violates the norms of the UN Convention on the Rights of the Child, the Geneva Convention and the Hague Convention. Violations of the right to life and protection from torture, the right to security, personal integrity and dignity, the right to protection from sexual violence, the right to safe living and healthy development, the right to property and housing, the right to education and other children’s rights.
 Emphasis was placed on the need for preventive activities to prevent further violations of children’s rights, as well as the importance of strengthening the state’s evacuation mechanisms, agreements on green corridors with Russia and its military at various levels. The Rome Statute is analyzed for signs that may indicate a possible qualification of the aggressive actions of the Russian Federation. It has been established that the actions of Russian servicemen can be qualified as war crimes, namely the intentional commission of acts that expose the civilian population to starvation as a means of waging war by depriving it of its necessities for survival, including intentional obstruction of assistance, as provided for in the Geneva Conventions.
 Emphasis is placed on the importance of teaching children the rules of conduct in shelters, in dangerous places, during air raids.
 It is recommended that children who have already fallen victim to the occupiers be provided with qualified medical and psychological services.
24
Cederman, Lars-Erik, Kristian Skrede Gleditsch, and Julian Wucherpfennig. "Predicting the decline of ethnic civil war." Journal of Peace Research 54, no. 2 (2017): 262–74. http://dx.doi.org/10.1177/0022343316684191.
Full textAbstract:
Many scholars have detected a decrease of political violence, but the causes of this decline remain unclear. As a contribution to this debate, we revisit the controversy over trends in conflict after the end of the Cold War. While many made ominous predictions of surging ethnic warfare, Gurr presented evidence of a pacifying trend since the mid-1990s and predicted a further decline in ethnic conflict in an article on ‘the waning of ethnic war’. Leveraging more recent data on ethnic groups and their participation in ethnic civil wars, this study evaluates if Gurr was right about the decline of ethnic conflict, and if he was right for the right reasons. We assess whether an increase in governments’ accommodative policies toward ethnic groups can plausibly account for a decline in ethnic civil war. Our findings lend considerable support to an account of the pacifying trend that stresses the granting of group rights, regional autonomy, and inclusion in power-sharing, as well as democratization and peacekeeping.
25
Taj, Farhat. "Stable Regime, Historiography and Truth Commissions." Review of Human Rights 7, no. 1 (2020): 67–88. http://dx.doi.org/10.35994/rhr.v7i1.192.
Full textAbstract:
This article discusses the Pashtun Tahafuz Movement's (PTM) demand for establishing a Truth and Reconciliation Commission (TRC) to facilitate the right to truth of victims of the war on terror in Pakistan. It highlights the tension among the right to truth, geopolitical considerations, and historiography in pursuit of transitional justice under a stable regime. It argues that Pakistan is not likely to establish a TRC due to its geopolitical considerations vis-a-vis Afghanistan. It, however, also underscores that PTM as a pressure group could contribute greatly to realising several human rights based right claims of the war victims, if it disengages itself from the anti-Pakistan Afghan diaspora.
26
Moodrick-Even Khen, Hilly. "Restoring Children’s Right to Education during and after War." International Journal of Children’s Rights 31, no. 1 (2023): 225–67. http://dx.doi.org/10.1163/15718182-31010005.
Full textAbstract:
Abstract The need to protect children in armed conflicts has become urgent, especially since the 1990s, and is now outstanding in the war in Ukraine. Among the violations against children in Ukraine that were identified by the UN Secretary General in 2005, were attacks on schools and hospitals. This article discusses the question of how the violation of the right to education during armed conflict can be redressed and suggests a mechanism for doing so. It uses the Russia-Ukraine war (2022) as a case study. The legal protection of children’s rights in armed conflict is facilitated by three branches of international law: international humanitarian law (or the laws of armed conflict); international human rights law; and international criminal law. This article will address the first two as well as, in a more limited way, the law of refugees. The article discusses the significance of the child’s right to education. It provides empirical data on how this right is jeopardised during armed conflicts and offers recommendations regarding what the international community can do to secure this right as far as possible during, as well as directly after, armed conflict. The article suggests a mechanism that would involve states parties to the crc, the crc Committee, and the establishment of a trust fund to compensate states that have suffered an armed conflict, and to use the compensation to redress the right to education. This arrangement could be regulated by an additional protocol to the crc. States parties to the crc that ratified the additional protocol would be required to contribute to the fund (according to a socio-economic index). States parties subjected to armed conflicts would be permitted to use the trust funds primarily if they proved they were compliant (before the eruption of the conflict) with their treaty obligations to secure the right to education according to the Concluding Observations of the crc Committee. There could also be exceptions, depending on the specific circumstances of each case. This mechanism would be advantageous in that it would use the already-existing crc Committee and the expertise and experience of its members and would also increase the accountability of states parties to the crc for their treaty obligations. In this way, it would also tackle a larger problem: the difficulty of imposing states’ accountability for their obligations under human rights law treaties.
27
Ilic, Radoje, Goran Kronja, Zoran Markovic, and Svetislav Tisma. "Innominate artery war injury." Vojnosanitetski pregled 62, no. 4 (2005): 317–21. http://dx.doi.org/10.2298/vsp0504317i.
Full textAbstract:
Aim. A case is reported of successfully surgically treated explosive war injury to the innominate artery. Case report. A 26 - year-old soldier was injured in combat by a fragment of mortar shell. In the field hospital, the wound gauze packing was applied, followed by orotracheal intubation and thoracic drainage. The soldier was admitted to MMA six hours later. Physical examination, on admission, revealed huge swelling of the neck, the absence of pulse in the right arm and the right common carotid artery. Chest x-ray revealed hemopneumothorax of the right side and the foreign metal body in the projection of the right sternoclavicular joint. Due to the suspicion of large vessel injury, a median sternotomy was immediately performed. Surgery revealed disrupted bifurcation of the right innominate artery, so the ligation was performed. Aortography was performed postoperatively, followed by the reconstruction of innominate bifurcation with synthetic grafts. Control aortography showed good graft patency, and the patient was discharged from the hospital in good general condition with palpable pulses and mild anisocoria as a sole neurological sequela. Conclusion. A rare and life-threatening injury was successfully managed, mainly due to the rational treatment carried out in the field hospital that helped the injured to survive and arrive to the institution capable of performing the most sophisticated diagnostic and therapeutic procedures.
28
McCauley, Thomas. "Race war or culture war: the diversity in right-wing extremism." Dynamics of Asymmetric Conflict 14, no. 2 (2021): 192–208. http://dx.doi.org/10.1080/17467586.2021.1917771.
Full text
29
Sykes, Alan. "Which War? The English Radical Right and the First World War." War & Society 23, no. 1 (2005): 59–74. http://dx.doi.org/10.1179/072924705791202238.
Full text
30
FABRE, CÉCILE. "Internecine War Killings." Utilitas 24, no. 2 (2012): 214–36. http://dx.doi.org/10.1017/s0953820812000076.
Full textAbstract:
In his recent bookKilling in War, McMahan develops a powerful argument for the view that soldiers on opposite sides of a conflict are not morally on a par once the war has started: whether they have the right to kill depends on the justness of their war. In line with just war theory in general, McMahan scrutinizes the ethics of killing the enemy. In this article, I accept McMahan's account, but bring it to bear on the entirely neglected, but nevertheless interesting, issue of what the military call ‘blue-on-blue’ killings or, as I refer to such acts here, internecine war killings. I focus on the case of the soldier who is ordered by his officer, at gunpoint, to go into action or to kill innocent civilians, and who kills his officer in self-defence. I argue that, at the bar of McMahan's account of the right to kill in self-defence, the officer lacks a justification for attacking the soldier as a means of enforcing his order, and the soldier thus sometimes (but not always) has the right to kill his officer should the latter so act.
31
Ingram, Peter Gordon. "Self-Defense as a Justification for War." Canadian Journal of Law & Jurisprudence 7, no. 2 (1994): 283–96. http://dx.doi.org/10.1017/s0841820900002708.
Full textAbstract:
For those who believe in the values of liberalism and democracy the state is under a political obligation to seek the common welfare of its citizens. In furtherance of this domestic duty, it retains among its external rights and powers that right of self-defense which has been assigned to states under other ideologies.
32
Sokolovskaia, M. V. "Reactions to the War as Identity Stories: Reflections of the Artists Aleksandr Brener, Alexey Kallima, Aslan Goisum on the Chechen War." Tempus et Memoria 2, no. 3 (2021): 82–97. http://dx.doi.org/10.15826/tetm.2021.2.025.
Full textAbstract:
The article examines the pieces of art by artists Alexander Brener (1990s), Alexey Kallima (2000s) and Aslan Goisum (2010s) and their reception by art criticism and the public as evidence of the reaction of Russian society to the Chechen war. The Chechen war was a significant factor in the life of Russia, but how did the society react to the war and what will be the memory of it? Today different groups of war participants have different rights to represent their experience in the public space, the war is mainly described by its witnesses and publicists, and in public discussions, the position of only some social groups takes root today. The community of contemporary artists and the viewers of contemporary art are perceived as mnemonic actors, and the question arises of who has the right to testify about the war in creation and perception of art works on Chechen war and how the position and identity of the witness affect the image of the war he creates. Artists' stories show how the right to the memory of the Chechen war is consolidated not as a duty of the whole society, but as a part of the identity of a particular author.
33
López Martínez, Miguel Andrés. "General Enquiries into Reparation for War Victims under International Law." Verba luris, no. 48 (June 1, 2022): 189–205. http://dx.doi.org/10.18041/0121-3474/verbaiuris.48.9941.
Full textAbstract:
This work aims to assess some theoretical discussions about legal standing of reparation for war victims in international law and its legal foundation in contexts of war. The first enquiry leads to two approaches, one expansive idea of reparation and the other more restrictive. Under the first one, reparation is seen as a general right of customary character, directly conferred to individuals as a result of its peremptory nature. Following the restrictive tack, reparation is the result of breaches of some but not any right or international obligation, as there is no binding instrument embodying such a general right, nor is possible to identify peremptory rules (jus cogens) that can be universally applicable. Furthermore, States remain the leading actors in building international legal foundation for reparations and entitlement for individuals, and remedies should stand more as States’ obligations rather than individuals’ rights in settings of mass atrocities. The second enquiry sheds light on international law as source of reparation for war victims. Both human rights and humanitarian law applies to determine when the obligation to make reparation arises, but context conditions must be accounted in order to know which law prevails.
34
Durham, Martin. "The American Right and the Iraq War." Political Quarterly 75, no. 3 (2004): 257–65. http://dx.doi.org/10.1111/j.1467-923x.2004.00610.x.
Full text
35
Purves, Duncan, and Ryan Jenkins. "Right Intention and the Ends of War." Journal of Military Ethics 15, no. 1 (2016): 18–35. http://dx.doi.org/10.1080/15027570.2016.1170385.
Full text
36
Grossman, Lisa. "The right to fight: women at war." New Scientist 217, no. 2902 (2013): 6–7. http://dx.doi.org/10.1016/s0262-4079(13)60270-5.
Full text
37
von Beyme, Klaus. "Right‐wing extremism in post‐war Europe." West European Politics 11, no. 2 (1988): 1–18. http://dx.doi.org/10.1080/01402388808424678.
Full text
38
Crews, Chris. "The Far Right Culture War on ESG." Religions 14, no. 10 (2023): 1257. http://dx.doi.org/10.3390/rel14101257.
Full textAbstract:
This article examines connections between religious nationalism, extremist movements, and environmental politics, with a focus on environmental, social, and governance (ESG) frameworks and debates in the United States since 2020. It begins with a brief history of ESG, then examines responses from mainstream conservatives and far-right groups to the growth of ESG. It argues that the current backlash against the use of ESG is part of a larger conservative culture war against “woke” politics. The article offers a detailed look at the role of the conservative advocacy group Heritage Action and its “ESG Hurts” campaign, and shows how climate denial, conspiracy theories, and hostility to race and gender politics are interconnected parts of a growing ideological movement rooted in Christian Nationalism and climate denial.
39
Izarova, Iryna, Yurii Prytyka, Oksana Uhrynovska, and Nazar Shestopalov. "Protection of Rights of Internally Displaced Persons amid Military Aggression in Ukraine." Age of Human Rights Journal, no. 20 (June 1, 2023): e7711. http://dx.doi.org/10.17561/tahrj.v20.7711.
Full textAbstract:
This article is devoted to the study of the legal status of internally displaced persons in Ukraine in the context of the full-scale war launched by the russian federation on 24 February 2022. During the study, an analysis of the doctrinal definition of “internally displaced persons” and the rights guaranteed by it in accordance with the current legislation, developed by the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine, has been carried out. The article highlights the guiding principles of the international law that should be applied by the states when solving the problem of internal displacement, as well as specific examples of the measures taken by various European countries to solve this problem. Rights of internally displaced persons on right to employment and to receive special housing allowance were analysed as main guaranties. Right to free legal aid was considered as the key point guarantee for ensuring access to justice and protection of rights. Experience of states with similar experience of war (Serbia, Bosnia and Herzegovina, Georgia) were studied. The conclusions focus on the problems of effective implementation of the right of internally displaced persons to free legal aid and summarize the need to improve the effective mechanism of protection of rights of internally displaced persons, which may also be of interest for the European states that sheltered more than 8 million Ukrainians during the war.
40
Kinney, Eleanor D. "Realization of the International Human Right to Health in an Economically Integrated North America." Journal of Law, Medicine & Ethics 37, no. 4 (2009): 807–18. http://dx.doi.org/10.1111/j.1748-720x.2009.00452.x.
Full textAbstract:
During World War II, the Allies created the United Nations and its associated international institutions to stabilize the post-war world. The Allies envisioned a coordinated world in which human rights for all were respected, economic and social progress for all promoted, and global warfare prevented. This was a phenomenally fantastic vision that seemed unattainable in the wake of the most devastating global war in history.Today, the world is witnessing some of the fruits of these mid-20th century events and aspirations, especially since the collapse of Communism in 1989. Economic integration and free trade has become much more prevalent as exemplified by astounding developments such as the European Union. And there is a greater appreciation of human rights, including the international human right to health. This article examines the evolution of trade policy and the impact of free trade policies on the health care sectors of the three countries of North America and the realization of the human right to health in North America.
41
Sun, Haochen. "Reinvigorating the Human Right to Technology." Michigan Journal of International Law, no. 41.2 (2020): 279. http://dx.doi.org/10.36642/mjil.41.2.reinvigorating.
Full textAbstract:
The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (“UDHR”) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. This human right embodies one of the most profound lessons the framers of the UDHR learned from this war: Technology must benefit humanity rather than harm it. It has been more than seventy years since the adoption of the UDHR, and technology has advanced at a rapid pace and become more important than ever in our daily lives. Yet in this age of technology, the right to technology remains obscure, dormant, and ineffective. No other human right has received such scant attention, and the right to technology has indeed become an “orphan” in the international human rights regime. This article traces the origins of society’s disregard for the right and attributes it to the confluence of three main contributing factors: (1) the right’s inherent obscurity, (2) the ineffective human rights enforcement system, and (3) the international community’s overemphasis on intellectual property protection. The current human rights regime is unable to sufficiently address these complex factors, as it remains deeply rooted in the individual rights system and lacks a fully-fledged distributive justice vision. Against this backdrop, this article reinvigorates the right to technology by recommending its protection as a collective right. It considers how and why the right to technology should be redefined as a collective right that entitles people to enjoy the benefits of technological progress and minimizes the harms that such progress may cause. A collective right to technology can protect both larger societal interests in maintaining public freedom and dignity, as well as specific group interests in guarding against the use of technologies to prejudice group freedom and dignity. This new understanding of the right to technology, therefore, sets distributive justice agendas for promoting the development of intellectual property law into the public interest.
42
Lesaffer, Randall. "Grotius on Reprisal." Grotiana 41, no. 2 (2020): 330–48. http://dx.doi.org/10.1163/18760759-41020005.
Full textAbstract:
Abstract In neither of his two major forays into the laws of war and peace – De iure praedae or De iure belli ac pacis – did Hugo Grotius discuss the legal institutions of reprisal – whether special or general – or privateering in their own right. His profoundly novel reading of the just war doctrine in the context of his theory of natural rights, however, gave powerful legitimisation to the practices of special reprisals, as well as of privateering in times of war and of peace.
43
Donald, Iain. "Just War? War Games, War Crimes, and Game Design." Games and Culture 14, no. 4 (2017): 367–86. http://dx.doi.org/10.1177/1555412017720359.
Full textAbstract:
Military shooters have explored both historical and modern settings and remain one of the most popular game genres. While the violence of these games has been explored in multiple studies, the study of how war and the rules of war are represented is underexplored. The Red Cross has argued that as virtual war games are becoming closer to reality, the rules of war should be included. This article explores the argument put forward by the Red Cross and its reception by games media organizations, in order to consider how the concept of “just war” is represented within games. This article will focus on concerns over games adherence to the criteria of jus in bello (the right conduct in war) and will also consider the challenges that developers face in the creation of entertainment products in the face of publisher and press concerns.
44
Gonzalez Cedillo, Joel Ivan. "The Role of Far-Right Networks in the Cultural War and International Relations in Europe." Bulletin of Kemerovo State University. Series: Political, Sociological and Economic sciences 2023, no. 3 (2023): 284–91. http://dx.doi.org/10.21603/2500-3372-2023-8-3-284-291.
Full textAbstract:
The author analyzes the internationalization of European far right civil societies as non-traditional political actors that engage in international relations creating ideological networks. The purpose of the article is to reveal the role of European fascist civil societies in international ideological activism as a response to a perceived cultural war against globalism and cultural Marxism of left internationalists. The article analyzes and comprehensively defines the issue of the cultural war in the West and describes the characteristics of Spanish fascist civil societies as non-traditional political actors exposing their perspective as cultural war revolutionaries. Attempts to create international far right networks by Spanish actors are studied based on the analysis of The Militant – The Cultural War, the manifesto published by the Spanish fascist civil society European Future in February 2023. A discourse analysis of this document exposes the ideological narratives of this group that can help to create a theoretical framework of the cultural war concept for European far right politics. The results demonstrate that European far right activists consider there is an ideological war against Marxists and other leftist groups. Activists of the European Future see themselves as far right revolutionaries capable of causing an ideological revolution in European democracies. The manifesto serves as a tool to call out to other European far right activists of the continent to join them. The results can contribute to future research of ideological extremism and European far right activism.
45
Kersch, Ken I. "“GUILT BY ASSOCIATION” AND THE POSTWAR CIVIL LIBERTARIANS." Social Philosophy and Policy 25, no. 2 (2008): 53–75. http://dx.doi.org/10.1017/s0265052508080187.
Full textAbstract:
In recent years, the constitutional freedom of association has assumed a relatively low profile. Today, the most extended discussions of the right consider it as a second-order countervailing claim in civil rights cases involving questions of identity and the right to exclude. This article provides a brief overview of the right at a time when it was one of the most widely discussed, first-order constitutional rights, and when those discussions centered not on the right to exclude but on the question of “guilt by association.” The article provides a sampling of the way that right was considered in the immediate post-World War Two years in the writings of some of the era's most prominent civil libertarian thinkers – Leo Pfeffer, Milton Konvitz, Robert Cushman, Henry Steele Commager, Zechariah Chafee, Jr., and Sidney Hook. These writings demonstrate that doctrinal development concerning the right was driven by its implication in two of the major political issues of the day: domestic security at the height of the Cold War and civil rights. The article concludes by arguing that, in the aftermath of the September 11 attacks and the ongoing fight against terrorism, free association questions are likely to assume renewed prominence. It argues further that, in a contemporary context, those thinking about the most pressing freedom of association questions would profit by looking less to the more recent discussions of the right as a matter of the right to exclude, and more to the highly-relevant discussions of “guilt by association” by the currently less well known mid-century civil libertarians.
46
Tereshchenko, I. O. "The right to education under the conditions of martial state." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 130–34. http://dx.doi.org/10.24144/2788-6018.2024.05.20.
Full textAbstract:
The right to education is one of the fundamental human rights approved in the Constitution of Ukraine. However, the war conditions taking place on the territory of Ukraine create significant challenges for ensuring this right. In this article, we analyze the problems that arise in the context of ensuring the provisions of Article 53 of the Constitution of Ukraine in conditions of war and offer ways to solve them. This article highlights the importance of ensuring the right to education under martial law in Ukraine and suggests practical measures to achieve this goal. The study of this topic contributes to the development of effective strategies for managing educational processes in wartime conditions. Ensuring the right to education in the conditions of martial law in Ukraine becomes a particularly acute problem due to active hostilities and occupation of territories. Military operations are accompanied by violations of human rights, including the right to education, which is contrary to international standards. Military aggression forces the evacuation of schools, universities and other educational institutions, which disrupts the educational process and creates difficulties for obtaining an education. The results of military operations have serious psychological consequences for children, youth and teaching staff, which negatively affects their learning and work capacity. The article analyzes the problem of ensuring the right to education under martial law. The challenges faced by Ukraine in providing educational opportunities during the war are investigated. Special attention is paid to strategies for protecting the right to education, including the role of international law, humanitarian aid programs and innovative approaches to education. Based on this analysis, recommendations are provided to improve the situation with the right to education in the conditions of military conflict. The problems of education during the legal regime of martial law are analyzed, the need to continue measures to guarantee the constitutional right to education is emphasized, since education is considered extremely important for the progress of society, the future of the country directly depends on the level of education, talents, culture and consciousness of the young generation.
47
Prokop, Krzysztof. "STATE OF WAR AS AN INTERNATIONAL LEGAL AND CONSTITUTIONAL INSTITUTION." Kwartalnik Prawa Międzynarodowego III, no. III (2022): 26–37. http://dx.doi.org/10.5604/01.3001.0016.1821.
Full textAbstract:
The subject of the article is an analysis of the state of war from an international legal and constitutional perspective. Until the beginning of the 20th century, international law recognized the right of a state to wage war as an important manifestation of its sovereignty. Attempts to limit this right boiled down to the development of a just war concept. It was only the United Nations Charter that introduced a ban on the use of force in international relations or the threat of its use. The only permissible exception is the exercise of the right to self-defense, either individually or collectively. Thus, the provisions on declaring war (declaring a state of war) found in the constitutions of some states acquired only a competence value. They define the competence of state organs in the event of an armed conflict. In the Constitution of the Third Republic of Poland (1997), the state of war is regulated in Article 116. The substantive prerequisites for the declaration of a state of war are identical to the implementation of the right of the state to individual or collective self-defense, admitted by the Charter of the United Nations.
48
Izarova, Iryna, and Oksana Uhrynovska. "To Be Born Amid War Conflict: The Right to a Legal Identity in Ukraine." Studia Prawnicze / The Legal Studies, no. 2 (224) (February 28, 2022): 161–82. http://dx.doi.org/10.37232/sp.2021k.
Full textAbstract:
Human rights are an integral part of an open society and a democratic state governed by the rule of law. Among them, the right to a legal identity occupies an important place, however, ensuring its proper implementation in today's difficult conditions of war conflicts has not been an easy task. Not surprisingly, the necessity to provide a legal identity for all, including birth registration, is among the global goals of sustainable development, as this helps a person`s recognition before the law and protection of their rights, any of which may be violated unnoticed (right to a health care, education and others). Proper registration of a person's death also ensures that the rights of that person's heirs can be exercised. In this article, we examine the Ukrainian experience when ensuring the right of a person to birth and death registration through special civil proceedings. In the conclusions we justify a new approach to protecting the right to a legal identity and the method of its implementation within court procedure, in particular, in military conflicts, residence or permanent stay in temporarily occupied territories, etc. territories in which there are no legitimate public authorities.
49
Wyman, Ann C. "War." American Journal of Islam and Society 27, no. 1 (2010): 124–27. http://dx.doi.org/10.35632/ajis.v27i1.1352.
Full textAbstract:
There is a long-standing set of criteria thoughtful leaders have used to helpdetermine when engaging in war is the right thing to do. The criteria havealso been long debated, and Larry May’s collection of fifteen original essaysmakes an excellent contribution to the discourse. Historical background isprovided by Gregory Reichberg’s “Jus ad Bellum” and Nicholas Rengger’s“The Jus in Bello in Historical and Philosophical Perspective,” both ofwhich are astutely concise descriptions of just war philosophical developmentfrom the western perspective. Most just war literature readily availableto western analysts has produced by western thinkers, and international legalstandards on war have been promulgated primarily through western interactions.But the rich Islamic tradition of just war jurisprudence and philosophy could have been included. The ninth-century scholar al-Shaybani, forinstance, wrote about the rules of war and has been called “the Hugo Grotiusof Islam.”Al-Farabi, the father of Islamic political philosophy, directly addressesthe justice of war (although significantly the best he will say of any war isthat it is not unjust), and many of his tenth-century principles are consistentwith western thinking; the lack of discrimination between military targetsand civilians is unjust in both traditions, for example. In his SelectedAphorisms, al-Farabi identifies innocents as illegitimate targets and evenhints that forcibly drafted soldiers might be considered “innocents” when thewar’s cause is unjust, thereby intertwining the ad bellum principle of justcause with the in bello principle of discrimination (Political Writings:“Selected Aphorisms” and Other Texts, trans. Charles Butterworth [CornellUniversity Press: 2002]). Thomas Hurka shares al-Farabi’s idea of interdependence.His superb essay, “Proportionality and Necessity,” poses questionssuch as: “How many enemy soldiers can be sacrificed to save one ofour own soldiers’ lives?” According to him, the right number differs accordingto the necessity and who is doing the calculating; in other words, jus adbellum and jus in bello influence each other ...
50
Virchow, Fabian. "Civil war as race war: How the German far right perceives the war in the Balkans." Civil Wars 6, no. 2 (2003): 70–93. http://dx.doi.org/10.1080/13698240308402534.
Full text