By Derek Jinks, Jackson N. Maogoto, Solon Solomon
The paintings analyzes the effect and implementation of foreign humanitarian legislation in judicial and quasi judicial our bodies. additionally, acknowledging the excessive effect household jurisdictions have within the configuration of foreign legislations, the booklet doesn't relaxation in basic terms in an research of the overseas jurisprudence, yet delves additionally into the query of ways family courts relate to overseas humanitarian legislation issues.
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Extra resources for Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects
The relationship between the two conventional instruments is, thus, of great importance when considering which one prevails. Pursuant to the general rules of international law and notably the lex posterior24 and lex specialis,25 Additional Protocol II should contain the universal rules applicable to conflicts of non-international nature. 19 Forsythe 1978, p. 284. Sandoz et al. 1987, para 4453. 21 See discussion in Spieker 2001, pp. 142–143. 4/1998/87, 12 January 1998, para 74 and Ambos 2001, p.
In this regard, Pictet imparts a number of possible criteria to gauge whether Common Article 3 is applicable. First, hostilities have to be conducted by 8 Tahzib-Lie and Swaak-Goldman 2004, p. 243. See also Pejic 2007, p. 85. For a detailed drafting history of Common Article 3 see Moir 1998, p. 337. 9 Pictet 1960, p. 49. ’ Abi-Saab 1991, p. 216. 10 Jinks 2003, p. 2. 11 See Verri 1972, p. 99. 12 Jinks 2003, p. 2. 13 Kretzmer 2009, p. 40. 2 Applicability Test of Additional Protocol II and Common Article 3 35 organised armed groups and exhibit such intensity that the government cannot rely simply on ordinary policing methods.
Bassiouni 1999, p. 101. 34 N. 1 Common Article 3 Common Article 3 provides a set of international humanitarian rules applicable in ‘case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties’. Unfortunately for lawyers, it is remarkably silent on the circumstances when it is applicable since it does not impart a definition. e. e. Common Article 3 conflicts covers conflict that are not of international nature. This vague formulation leaves room for interpretation since neither ‘armed conflict’ nor ‘non-international character’ are defined.