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Journal articles on the topic 'War (International law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

Smith, L. V. "War, International Law, and International Relations." German History 33, no. 4 (April 8, 2015): 646–51. http://dx.doi.org/10.1093/gerhis/ghv062.

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2

CONTRERAS, FRANCISCO J., and IGNACIO DE LA RASILLA. "On War as Law and Law as War." Leiden Journal of International Law 21, no. 3 (September 2008): 765–82. http://dx.doi.org/10.1017/s092215650800530x.

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A locus classicus of international law, the study of the regulation of the legality of the use of force has an unavoidable ring of tragic fanciness about it. War, as acknowledged by David Kennedy in the very first sentence of his book, is indeed ‘a profound topic – like truth, love, death or the divine’. A Pandora's box of multiple distilled intellectual emotions behind which lurk the horrid memories of its survivors, war only truly breathes in the mirrors of the mutilated, in the eyes of the tortured, in the memories of the displaced, in withering flowers over graves crowned, most of the time

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3

Greenwood, C. "War, Terrorism, and International Law." Current Legal Problems 56, no. 1 (January 1, 2003): 505–30. http://dx.doi.org/10.1093/clp/56.1.505.

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Buchan, R., and N. Tsagourias. "Cyber War and International Law." Journal of Conflict and Security Law 17, no. 2 (July 1, 2012): 183–86. http://dx.doi.org/10.1093/jcsl/krs016.

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5

Freeman, Shirley E., and Helen Ormiston Smith. "War and international humanitarian law." Medicine, Conflict and Survival 13, no. 2 (April 1997): 116–24. http://dx.doi.org/10.1080/13623699708409326.

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6

Johnson. "The Great War and International Law on War." Soundings: An Interdisciplinary Journal 101, no. 3 (2018): 255. http://dx.doi.org/10.5325/soundings.101.3.0255.

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7

Pietkiewicz, Michał. "Pre-emptive war under international law." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 4 (May 25, 2018): 69–79. http://dx.doi.org/10.19195/2300-7249.39.4.6.

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PRE-EMPTIVE WAR UNDER INTERNATIONAL LAW The thesis is devoted to problems associated with the international legal regulation of pre-emptive war. It is quite obvious that this phenomenon has a logical context revealed in national security policies individual states pursue for themselves. In this regard, analysis was made of the prerequisites for the emergence of a new doctrine of pre-emptive war, and here analysis of the “Bush Doctrine” made it possible to reveal the characteristics of pre-emptive war. In addition, the article pays precise attention to the problem of correlation between the cha

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Sinha, Manoj Kumar. "Hinduism and international humanitarian law." International Review of the Red Cross 87, no. 858 (June 2005): 285–94. http://dx.doi.org/10.1017/s1816383100181342.

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AbstractThis article examines the relationship between Hinduism and war and the extent to which the fundamental concepts of humanitarian law are recognized in Hinduism. After reviewing the sources of Hinduism, it considers the permissibility and types of war in ancient India, explores the rules of warfare and investigates whether war was a matter of course or regarded as a ruler's last choice. It then sets out the humanitarian principles that already applied at that time. Finally, it considers how far the concepts of Hinduism have helped in the development of international humanitarian law.

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Roth, Brad R. "War Law: Understanding International Law and Armed Conflict." American Journal of Legal History 49, no. 3 (July 2007): 347–48. http://dx.doi.org/10.1093/ajlh/49.3.347.

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10

Donaldson, Megan. "Peace, war, law: teaching international law in contexts." International Journal of Law in Context 18, no. 4 (November 22, 2022): 393–402. http://dx.doi.org/10.1017/s1744552322000350.

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AbstractThis essay takes up the question of what it is to teach international law ‘in context’, drawing on experiences of teaching undergraduate survey courses in the US and UK, and designing a new LLM module on Histories of International Law. The essay begins with an exploration of teaching as a particular context of its own – one with constraints which might also function as foils for creativity. It then sketches some aspects of what teaching international law ‘in context(s)’ might involve, including the ways in which contexts of different kinds put in question one's theory of law, and vice

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11

El-Dakkak, Said. "International humanitarian law lies between the Islamic concept and positive international law." International Review of the Red Cross 30, no. 275 (April 1990): 101–14. http://dx.doi.org/10.1017/s0020860400075343.

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The starting point of the present study is the clash between the warrior instinct inherent in human nature and Islamic law, the realistic character of which is unanimously acknowledged.Islam, in fact, cannot tolerate excessive displays of this instinct, which, as Professor Muhammad Taha Badawi points out, is the strongest of all the impulses to which man is inclined. Inseparably linked to all the factors inciting man to make war, and itself at times unleashing war, the warrior instinct, in any case, arouses violence and becomes a reflex action in anyone subjected to the danger of death.

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12

Reisman, W. Michael. "International Law After the Cold War." American Journal of International Law 84, no. 4 (October 1990): 859–66. http://dx.doi.org/10.2307/2202837.

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13

Shinohara, H. "International Law and World War I." Diplomatic History 38, no. 4 (July 26, 2014): 880–93. http://dx.doi.org/10.1093/dh/dhu025.

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14

Schwabach, Aaron. "Kosovo: Virtual War and International Law." Law and Literature 15, no. 1 (March 2003): 1–21. http://dx.doi.org/10.1525/lal.2003.15.1.1.

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15

Boaz, Cynthia, and Cheryl Schoenberg. "Refugees, War Criminals, and International Law." Peace Review 14, no. 2 (June 2002): 199–205. http://dx.doi.org/10.1080/10402650220140238.

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16

deGuzman, Margaret M. ""War Time" in International Criminal Law." Human Rights Quarterly 35, no. 1 (2013): 232–38. http://dx.doi.org/10.1353/hrq.2013.0011.

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17

Shiner, Phil. "The Iraq War and International Law." Military Law and the Law of War Review 47, no. 2 (December 2008): 515–16. http://dx.doi.org/10.4337/mllwr.2008.02.23.

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18

Santos, Adelcio Machado dos, and Rubens Luís Freiberger. "FUTURE OF INTERNATIONAL LAW: Ukrainian war." Scientific Journal of Applied Social and Clinical Science 2, no. 21 (October 24, 2022): 2–10. http://dx.doi.org/10.22533/at.ed.2162212220108.

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19

al-Zuhili, Sheikh Wahbeh. "Islam and international law." International Review of the Red Cross 87, no. 858 (June 2005): 269–83. http://dx.doi.org/10.1017/s1816383100181330.

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AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar

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20

MORGAN, ED. "New Evidence: The Aesthetics of International Law." Leiden Journal of International Law 18, no. 2 (June 2005): 163–77. http://dx.doi.org/10.1017/s0922156505002591.

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A war crimes trial embodies a combination of representational and presentational drama. The contemporary war crimes trial owes equal inspiration to the ‘realism’ of Henrik Ibsen and the ‘theatrics’ of Bertolt Brecht. The question for scholars is whether the trial is but a stylized presentation of the ‘real’ events, or a realistic medium through which to eavesdrop on history. This essay explores this question of war crimes and dramatization in the context of Director of Public Prosecutions v. Polyukhovich, the one war crimes case ever taken to trial under Australia's War Crimes Amendment Act of

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21

Ginsburg, Tom. "Authoritarian International Law?" American Journal of International Law 114, no. 2 (February 3, 2020): 221–60. http://dx.doi.org/10.1017/ajil.2020.3.

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AbstractInternational law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This raises the possibility of authoritarian international law, designed to extend authoritarian rule across time and space.

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22

Rygiel, Philippe. "Does International Law matter?" Journal of Migration History 1, no. 1 (June 9, 2015): 7–31. http://dx.doi.org/10.1163/23519924-00101002.

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We look here at the work and action pertaining to the regulation of migrations of international lawyers belonging to the Institut de Droit International (IDI) during the four decades before the First World War. We show that interest for the rights of foreigners in western states and the circulation of people derived both from the liberal agenda these lawyers shared and the will to regulate the interactions between states that could produce conflict. The idi devised during that period a coherent set of rules and recommendations insisting on a minimal protection of refugees, and the necessity of

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23

Ratner, Steven R. "IS INTERNATIONAL LAW IMPARTIAL?" Legal Theory 11, no. 1 (March 2005): 39–74. http://dx.doi.org/10.1017/s1352325205050032.

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The last decade has seen a resurgence of interest among philosophers in the core questions of ethics and justice on the international plane. Issues once discussed primarily in the response to the major global debates of the 1960s and 1970s—the Vietnam War and the North-South economic imbalance—have returned to the domain of philosophers. This engagement has taken place in two distinct but related debates. First, philosophers have devoted attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits disparate treatment of an individual's co-na

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24

Banjarani, Desia Rakhma, Febrian Febrian, Mada Apriandi Zuhir, and Neisa Angrum Adisti. "War Crimes In Humanitarian Law And International Criminal Law: The Urgency Of War Crimes Regulation In Indonesian Criminal Law." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 2 (March 31, 2023): 109–32. http://dx.doi.org/10.25041/fiatjustisia.v17no2.2859.

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Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitar

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25

Haque, Adil Ahmad. "An Unlawful War." AJIL Unbound 116 (2022): 155–59. http://dx.doi.org/10.1017/aju.2022.23.

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Russia's invasion of Ukraine violated the prohibition of force contained in the United Nations Charter and the peremptory norm of general international law prohibiting aggression. The invasion was not an exercise of individual or collective self-defense, or a humanitarian intervention, as Russia variously claimed. The United Nations General Assembly rejected all such claims when 141 member states voted to deplore “in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter” as well as “the involvement of Belarus in this unlawful

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26

Henderson, C. M. "Michael Byers, War Law: International Law and Armed Conflict." Journal of Conflict and Security Law 12, no. 1 (January 1, 2007): 150–55. http://dx.doi.org/10.1093/jcsl/krm008.

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27

Fenrick, W. J. "Review: International Law and Organization: The Law of War." International Journal: Canada's Journal of Global Policy Analysis 46, no. 4 (December 1991): 724–25. http://dx.doi.org/10.1177/002070209104600409.

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28

Humbat Musayev, Erkin Humbat Musayev. "INTERNATIONAL CRIMINAL LAW AND AR (AZERBAIJAN REPUBLIC) LEGISLATION GENOCIDE CRIME AND ITS COMPARATIVE ANALYSIS WITH OTHER INTERNATIONAL CRIMES." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 48–52. http://dx.doi.org/10.36719/aem/2007-2020/53/48-52.

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29

Allahverdiyev, Alovsat. "Defining war crimes: a look to the prosecution by international criminal judicial bodies." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 427–33. http://dx.doi.org/10.36695/2219-5521.2.2020.84.

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The article is dedicated to the overview of the scope and application of international prosecution on war crimes. Although theterm “war crimes” is not a new concept in international law, different approaches exist in defining the precise limits of it. War crimesare always considered as one of the primary challenges and pecularities minimizing the whole efficiency of international law. Nevertheless,not all known prosecutions on war crimes ended with success. In traditional international law war crimes are always related tomilitary or armed conflicts what may be international or non-internationa

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30

Fazal, Tanisha M. "Lengthening the Shadow of International Law." Ethics & International Affairs 34, no. 2 (2020): 229–40. http://dx.doi.org/10.1017/s0892679420000301.

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AbstractWhat will be the consequences of the criminalization of aggression? In 2010, the International Criminal Court made aggression a crime for which individuals can be prosecuted. But questions around what constitutes aggression, who decides, and, most important, how effective this legal change will be in reducing the incidence of war remain. This essay considers these questions in light of two recent books on the criminalization of aggression: Noah Weisbord's The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats and Tom Dannenbaum's The

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31

Stroun, Jacques. "International criminal jurisdiction, international humanitarian law and humanitarian action." International Review of the Red Cross 37, no. 321 (December 1997): 623–34. http://dx.doi.org/10.1017/s002086040007772x.

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Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protoco

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32

Lukin, Annabelle. "How international war law makes violence legal." Language, Context and Text 2, no. 1 (January 29, 2020): 91–120. http://dx.doi.org/10.1075/langct.00022.luk.

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Abstract Some international law scholars have argued that international war law, rather than proscribing violence in war, has instead been a vehicle for its legitimation. Given that laws are constituted in and through language, this paper explores this paradox through register analysis of the text of the Rome Statute, an international treaty adopted in 1998 which established the International Criminal Court to prosecute the crimes of “genocide”, “crimes against humanity”, “war crimes” and “crimes of aggression”. The parameters of field, tenor and mode are considered in conjunction with a brief

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33

Gathii, James Thuo. "War's Legacy in International Investment Law." International Community Law Review 11, no. 4 (2009): 353–86. http://dx.doi.org/10.1163/187197409x12525781476088.

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AbstractThis article discusses the role war has played in shaping the rules of international investment law from the late nineteenth century. At the end of the nineteenth century and the beginning of the twentieth century, the move towards institutions, such as arbitration forums, and rules as an alternative to the use of force gave new impetus to the growth of international commercial law and related institutions. These rules and institutions represented the hope that the use of force would be eclipsed as States moved forward towards more cooperative, consensual and non-coercive mechanisms of

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34

Danial, Danial. "HUKUM HUMANITER INTERNASIONAL." ALQALAM 26, no. 2 (August 31, 2009): 213. http://dx.doi.org/10.32678/alqalam.v26i2.1556.

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This pape tries to explain the difference and the similarty of the law system that regulates the war law stated both in the International humanitarian law and in the Islamic law. This article will answer two main problems. First, what are the difference and the similarity of the regulation of the war law between International humanitarian law and the Islamic law? Second, to what extent is the. implementation of both International humanitarian law and the Islamic law when the war occurs?Based on the research the writer conducted, it could be concluded that: first, the similarity of the war regu

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35

Lubis, Muhammad Ikhsan. "The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts." Journal of Indonesian Legal Studies 1, no. 1 (August 15, 2017): 13–34. http://dx.doi.org/10.15294/jils.v1i01.16565.

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The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The pri

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36

Jovanovic, Milos. "The just war theory and international law." Medjunarodni problemi 59, no. 2-3 (2007): 243–65. http://dx.doi.org/10.2298/medjp0703243j.

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The paper provides a detailed overview of the existing relationship between the just war theory and international law. It stresses the fact that the two concepts were historically incompatible. The just war theory falls within ethics and appeals to superior principles that were not in accordance with the positivist law theory and the concept of sovereignty upon which public international law was founded. That incompatibility may at first seem as a paradox since the two concepts should be derived from a common base: the idea of justice. Further development of international law has clearly prove

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37

Muhammad, Dr Hanan Dryol. "INTERNATIONAL HUMANITARIAN LAW BETWEEN WAR AND PEACE." INTERNATIONAL JOURNAL OF RESEARCH IN SOCIAL SCIENCES & HUMANITIES 12, no. 04 (2022): 763–83. http://dx.doi.org/10.37648/ijrssh.v12i04.041.

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This study dealt with the issue of the difficulties of applying international humanitarian law, because of its importance in light of international and non-international armed conflicts, in terms of alleviating the pain and suffering of the victims of international and non-international armed conflicts. Material and personal law in accordance with the provisions of the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, and the difficulties facing the mechanisms of material application on both the national and international sides, and since the judicial mechanisms are imp

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38

Whitehall, Deborah. "Three Wartime Textbooks of International Law." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 2-3 (October 21, 2020): 385–420. http://dx.doi.org/10.1163/15718050-12340156.

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Abstract Three wartime textbooks of international law published and then reissued by Hersch Lauterpacht, James Brierly and Georges Scelle between 1940 and 1945 present a collective argument against the politics of war by analysing the design flaws of interwar international law. Though the criticism was not new, its repetition in textbooks during war highlights the strategic significance of using basic principles to defend the pacifistic function of international law when lawlessness reigned the global imaginary. The textbook genre became an unexpected, critical field which enlivened when its f

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39

Sandholtz, Wayne. "Plunder, Restitution, and International Law." International Journal of Cultural Property 17, no. 2 (May 2010): 147–76. http://dx.doi.org/10.1017/s094073911000007x.

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AbstractThe RussianFederal Law on Cultural Valuables Displaced to the USSR as a Result of the Second World War and Located on the Territory of the Russian Federationpurports to establish the legal basis for the Russian state to hold permanent title to the vast majority of the cultural valuables removed from Germany to the Soviet Union at the end of World War II. Russia claims that the cultural objects seized by the Soviet Union constitute “compensatory restitution” for the hundreds of thousands of cultural and artistic valuables seized or destroyed by the Nazis during the war. This article ass

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40

Yoo, John. "International Law and the War in Iraq." American Journal of International Law 97, no. 3 (July 2003): 563–76. http://dx.doi.org/10.2307/3109841.

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In his speech before the United Nations (UN) in September 2002, President George W. Bush characterized the possible use of force against Iraq as necessary to enforce existing Security Council resolutions and to eliminate a dangerous threat to international peace and security. The Security Council responded by adopting Resolution 1441, which found Iraq to be in material breach of previous Security Council resolutions and threatened serious consequences for further intransigence. When Iraq refused to fully comply with these resolutions, the United States led an ad hoc “coalition of the willing”

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41

Greenwood, Christopher. "International law and the ‘war against terrorism’." International Affairs 78, no. 2 (April 2002): 301–17. http://dx.doi.org/10.1111/1468-2346.00252.

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42

Gaffney, James. "Just War: Catholicism’s Contribution to International Law." Logos: A Journal of Catholic Thought and Culture 14, no. 3 (2011): 44–68. http://dx.doi.org/10.1353/log.2011.0021.

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43

Knox, Robert. "Civilizing interventions? Race, war and international law." Cambridge Review of International Affairs 26, no. 1 (March 2013): 111–32. http://dx.doi.org/10.1080/09557571.2012.762899.

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44

Vagts, Detlev F. "Switzerland, International Law and World War II." American Journal of International Law 91, no. 3 (July 1997): 466–75. http://dx.doi.org/10.2307/2954183.

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The recent sudden upsurge of interest in Swiss behavior during and after World War II seems to call for a brief review of the international law issues that were relevant to that country’s decisions. Many of them, in particular the law of neutrals, have become obsolete and are obviously not understood by many commentators. Of course, to reach a judgment that the behavior of Switzerland was compatible with the rules of international law then in effect does not dispose of issues of humanity and morality. But it does contribute to explaining Swiss behavior, particularly since the Government in Ber

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45

Shepard, W. S. "International Law and the War on Terrorism." Mediterranean Quarterly 16, no. 1 (January 1, 2005): 79–93. http://dx.doi.org/10.1215/10474552-16-1-79.

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46

McWhinney, Edward. "Contemporary U.S. Theory of International Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 26 (1989): 281–95. http://dx.doi.org/10.1017/s0069005800003532.

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My retrospective study, published in the twenty-fifth anniversary volume of this Yearbook, attempted a critical survey of post-war Soviet general theory of international law, and noted the signs of an intellectual changing of the guard and the emergence of a new generation of Soviet international legal theorists. Is it possible today to speak of a post-war U.S. general theory of international law, and, if so, can we speak of a generational change, in the late 1980's, similar to that in the Soviet Union?

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47

Butkevych, O. "The law of war as a source of contemporary branches of international law." Uzhhorod National University Herald. Series: Law 2, no. 74 (February 10, 2023): 143–48. http://dx.doi.org/10.24144/2307-3322.2022.74.57.

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Branches of international law arise mainly as a result of the following factors: 1) complications of international legal consciousness (international human rightslaw, international security law, international environmental law, international criminal law, etc.) and 2) technological progress (international air, space, nuclear law, relevant innovations in international maritime law, etc.). Under the influence of the same factors, new institutions are formed within existing branches (responsibility for international crimes, prohibitions of genocide, prohibitions of apartheid, responsibility for e

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48

Diggelmann, Oliver. "Beyond the Myth of a Non-relationship: International Law and World War i." Journal of the History of International Law 19, no. 1 (February 16, 2017): 93–120. http://dx.doi.org/10.1163/15718050-12340082.

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This article examines the relationship between international law and World War i from a basic perspective. The first question is whether, and to what degree, international law can or should be regarded as a contributing cause for the outbreak of World War i. Three aspects of international law prior to World War i are discussed: the silent ‘alliance’ between the ius ad bellum and social Darwinism, the lack of individual accountability of the members of the political and military elites under international law, and the role of the law of reprisal as a ‘fire accelerant’ of conflicts. The second f

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49

Knox, Robert. "International law, politics and opposition to the Iraq War." London Review of International Law 9, no. 2 (July 1, 2021): 169–95. http://dx.doi.org/10.1093/lril/lrab014.

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Abstract A key feature of the Iraq war was the prominence of international legal argument. This article argues that the motif of the ‘illegal war’ was crucial in mobilisations against the war. It traces the reasons for the prominence of this ‘illegal war’ motif and the wider political consequences of its adoption.

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50

Shuaib, Farid Sufian. "EMBRACING INTERNATIONAL HUMAN RIGHTS LAW: THE MALAYSIAN EXPERIENCE IN NAVIGATING THE DUAL QUALITY OF INTERNATIONAL LAW." IIUM Law Journal 27, no. 2 (December 18, 2019): 265–77. http://dx.doi.org/10.31436/iiumlj.v27i2.504.

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International human rights law, as with the setting up of the United Nations at the end of the Second World War, promises in the dignity and worth of the human person of nations large and small. International human rights law supposes to save the world population from the scourge of war, despots and other miseries. The international legal order after the end of the Second World War also promises equal sovereignty where all states are equal under international law in spite of inequality of population size, resources and military might. International human rights law thus applies to all states,

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