international armed conflict
Introduction The laws of war, also known as the law of armed conflict or international humanitarian law, are codified in multilateral treaties. They reflect ancient traditions of humanity, military chivalry, and internationally agreed-upon customary norms of behavior for belligerents. Current and former military leaders, federal judges, government officials, scholars, international lawyers, journalists, human rights advocates, and others are struggling to understand, adapt, and articulate the appropriate legal framework for fighting the war on Terrorism. Laws of war should not and cannot be applied equally towards terrorists because they do not comply, acknowledge or respect the spirit of these laws. There will be three main domains of critical analysis conducted on the topics. First, should captured individuals who participate in terrorist activities be considered prisoners of war? Next, how can laws of war be legally and formally applicable towards anti-terrorist military operations? Finally, should standard and agreed upon international laws always be respected even if unforeseen anti-military measures are needed in specific situations? These questions are ones that bring about great global controversy and should be explored further in order to acquire adequate insight on the topic. History The laws of war are a complex and difficult set of laws to grasp, in order
Parliamentary's Soverignty
Nicole Ann Gaudet Has the Separation of Powers and the Rule of Law in the UK Constitution overshadowed The Doctrine of Parliamentary Sovereignty? Consider the impact of the Human Rights Act 998 and the Constitutional Reform Act 2005. Word Count@1033 without References & Bibliography . PARLIAMENTARY SOVERIGNTY For the purpose of this paper we will assume that Parliamentary Sovereignty in the United Kingdom is the main theory and informative basis of the 'unwritten' constitution and the other two doctrines, the 1Human Rights Act 1998 and the 2Constitutional Reform Act 2005 do not represent any major constraint on the 'uncodified' Constitution. We will argue that both of these assumptions are not necessarily true, though it will be accepted that parliamentary sovereignty is the most important feature of the UK constitution to date and it has transpired over years. The HRA has strengthened many aspects of the rule of law by A.V. Dicey and the separation of powers which in fact is not a 'true separation of powers'. 3 "Constitutional and Administrative Law" 2. THE RULE OF LAW BY A.V. DICEY Rule of Law as historically influenced by A.V. Dicey appears to denote that the powers exercised by government must be founded on lawful authority; non-arbitrary, that citizens should be equal before the law and that the law should be stated very clear to understand by all. 4(The Law
Country Report on Rwanda
Country Report RWANDA Ubumwe, Umurimo, Gukunda Igihugu "Unity, Work, Patriotism" M. Swai 25234138 AMR 410 Assignment 3 Contents . Summary.............................................................................................. 3 2. Introduction.......................................................................................... 3 3. Gacaca Courts.......................................................................................4 4. Denial of Fair Public Trial........................................................................ 5 5. Abolition of Death Penalty.......................................................................7 6. Women in Governance............................................................................7 7. Freedom of Expression...........................................................................7 8. Conclusion..........................................................................................10 Bibliography........................................................................................12 . Summary In 2007, significant human rights abuses occurred, although there were important improvements in some areas. Citizens' right to change their government was restricted, and extra judicial killings by security forces increased. There were reports of torture and abuse of suspects, although significantly
CRITICALLY CONSIDER WHETHER THE COURTS HAVE HELPED THE HUMAN RIGHTS ACT 1998 ACHIEVE ITS OBJECTIVES
CRITICALLY CONSIDER WHETHER THE COURTS HAVE HELPED THE HUMAN RIGHTS ACT 1998 ACHIEVE ITS OBJECTIVES The Human Rights Act 1998 (HRA)1 is one of the most ground-breaking pieces of legislation to have been passed by parliament in recent times. The act, which came into force on October 2nd 20002, gives further effect to the European Convention on Human Rights (ECHR) within domestic British law. This essay will evaluate the role the courts have played in attempting to facilitate the act in achieving its objectives and the obstacles they have faced in doing so. Firstly, in order to critically evaluate whether the objectives have been achieved, it may be beneficial to familiarise oneself with what the intended objectives actually were. One of the most fundamental objectives of the HRA is to develop domestic common law and statutes so that they reflect convention rights. Prior to the enactment of the HRA, UK courts had the option (if necessary) to look at cases from the Strasbourg Jurisprudence3 (judgements of the European Court of Human Rights (ECtHR4)) but "were legally not obliged to do so"5. However, now under Section 26 of the act, courts are required to "take into account"7 relevant ECtHR case law whilst making their judgements. Nonetheless it should be noted that the provision does not legally bind domestic courts to follow the Strasbourg Jurisprudence and hence gives them
Is there an easy balance between individual privacy and the public's right to know?
Course: Media Ethics Topic : Private Lives Public Interests. Student: Marie Berbick-Graham Lecturer: Gabriel Apata Is there an easy balance between individual privacy and the public's right to know? There is no easy balance between an individual's right to privacy and the public's right to know. This is because the very nature of what is classified as private is dependent on the individual concerned. The law states that every individual has a right to privacy-the right to be let alone. But to quote Carol Reuss (Controversies in Media Ethics 1999 pg 149) this "partially chartered minefield" does not have a level play ground. There are instances where this right to privacy is "violated" by the media if they believe the issue concerning the individual is within the public interest, i.e. the public has a right to know. Some argue the media should be the sole judges of how their activities impinge on individual right to privacy. However, the issue of privacy and the public's right to know is particularly controversial when it involves public figures or celebrities whom some argue, are voluntarily public and are therefore are not entitled to the same level of privacy as ordinary individuals. The private lives of celebrities and public figures such as politicians, are therefore considered fair game for the media, which attempts to justify such "news" as being in the
'The conventions governing ministerial responsibility are uncertain in scope and inadequate to provide proper safeguards against incompetence or impropriety. Discuss.'
'THE CONVENTIONS GOVERNING MINISTERIAL RESPONSIBILITY ARE UNCERTAIN IN SCOPE AND INADEQUATE TO PROVIDE PROPER SAFEGUARDS AGAINST INCOMPETENCE OR IMPROPRIETY. DISCUSS.' As we have learnt from out study of conventions, it would be very difficult to track down every convention relevant to ministerial responsibility, as they can be found from a variety of sources, some of which are unwritten. I shall be attempting to examine the most significant conventions, and examining their nature to determine exactly how effective they are. In particular, I shall look at the nature of convention itself to establish criteria on which we can judge the scope and adequacy of the conventions. I shall also examine incompetence and impropriety throughout ministerial departments and the civil service, because as we shall discover shortly, ministers are accountable for more than just their own actions. Conventions are the rules which regulate the day-to-day functioning of the legal constitution, described by some as the rules of constitutional morality. The most important conventions in the constitution are commonly regarded as those which either limit monarchical power or, as is applicable here, regulate the relationship between government and Parliament. The nature of convention is such that some may be well-established and clear, like that which ensures that Parliament meets at least once a
Rape in Warfare and Significance
Introduction During wars it is very easy to violate human rights and human dignity since it involves a lot of conflicts and disharmony. In normal circumstances, wars are deemed as a means to defeat the enemy. Throughout history, communities do celebrate their victory and freedom after emerging victorious in a given war. The reader must be aware of Vietnam war, First and Second World War, War on Terror, and so on and so forth. All these wars had their own repercussions and there are many people today who still go through traumatic conditions either because they suffered violations or because their loved ones suffered unjustly. Some got killed with no apparent reason, some deprived of their families and homes and some getting raped. The issue of rape is central to this study. Rape in warfare is one of the biggest violations of human dignity affecting most women. The most discouraging thing is that it has been used as a way to undermine an enemy. It is just like that gentleman who disagrees with another gentleman and as a way to teach him a lesson, decides to rape his wife or his daughter. By so doing, he believes that he has avenged and has taught his enemy a lesson. Unfortunately, women have been victims during wars where soldiers and paramilitaries gang rape them and what is worse, as a way to undermine the enemy. The mentality has been that women are the inferior beings
Privacy and Public Figures
'NAOMI: I AM A DRUG ADDICT', 'MINISTER CONFESSES GAY FLING TO BLAIR', or more enticing 'TV JAMIE BONDAGE BROTHEL SHAME' While tabloid news is never free from headlines of this genre, is it unfair to fulfil the reader's curiosity and satisfy prurient taste by the commercial exploitation of public figures private lives? Or is there a greater public benefit in revealing such information? There is no universal answer to these questions which fuelled the debate, particularly following the Human Rights Act 1998, on the merits of free speech weighted against the right to personal privacy. While a law of privacy is long overdue in the UK, judges have actively construed common law principles of confidence, trust and contract to decide privacy claims. Long over a century ago, Prince Albert was successful in preventing a publisher from reproducing etchings made for the Queen's pleasure on the basis of an implied relationship of confidence. 1 Since the coming into effect of the Human Rights Act 1998, the United Kingdom is under a positive obligation to ensure the comprehensive protection of privacy under Article 8. At the same time, Article 10 entitles the media to probe and publish without restraint. Both these rights are qualified and neither has precedence over the other.2 Privacy protects individuals' dignity and preserves their personality and well-being. Privacy is a key to
The European Convention on Human Rights (ECHR)
The European Convention on Human Rights (ECHR) is an international treaty elaborated within the Council of Europe. It was signed in 1950's in order 1"...to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration" and was finally signed on the 3rd of September 1953. The Convention was intended to provide a common standard across European Nations in respect of the protection of fundamental rights and freedoms. As of January 2000, most of the countries in the European Union have incorporated the Convention into their domestic law, enabling the judiciary of each country to take full account of its provisions when considering a grievance. The European Convention Rights are usually construed in "negative" terms, meaning that they guarantee that the State should not interfere with protected rights and freedoms (eg. no interference from the side of the State should take place in rights like the freedom of expression, or the right to peaceful enjoyment of private property). However, in some circumstances the Convention imposes a duty on the State to take active steps to enable its citizens to enjoy the rights protected under the ECHR.These duties are called "positive obligations". Accordingly, the ECHR created, with every article, a positive obligation to the United Kingdom, that being ensuring all these rights are protected.
How would the Human Rights Act help the following situation.
BB says she is fleeing the civil war in Algeria and arrives in the United Kingdom, via France. She is French speaking but says she has family members in the United Kingdom though she does not know where they are. Her estranged step-mother lives in Germany. The UK immigration authorities also discover in her pocket is a three month old ferry ticket from Morocco to Spain in another name. Despite having lodged her asylum claim in the United Kingdom, she faces deportation to France. Examine the various legal strategies under the Dublin Convention (entered into force 1997) and the Human Rights Act 1998 to appeal against the imminent deportation order. Everyone has a right to 'seek and enjoy asylum' from persecution1. BB is fleeing the civil war in Algeria and has arrived in the UK: her claim for asylum will therefore be considered in accordance with the UK's obligations under the 1951 Convention2 and 1967 Protocol: if she satisfies their criteria, she will be considered a 'refugee'3. To return her to Algeria where she faces persecution on account of her race, religion, nationality, etc4, if her fear of this is well founded5, would be in breach of the UK's obligation under the 1951 Convention6, and would impinge on her right to life under Article 2(1) European Convention on Human Rights7. We are told BB is 'French-speaking': French is widely studied in Algeria, but is not