Should the International Financial Institutions Play a Role in the Implementation and Enforcement of International Humanitarian Law

Should the International Financial Institutions Play a Role in the Implementation and Enforcement of International Humanitarian Law PDF

Author: Daniel Bradlow

Publisher:

Published: 2018

Total Pages:

ISBN-13:

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This Article considers whether the IFIs should play a role in the implementation and enforcement of international humanitarian law. It consists of 6 parts. Part I is a short introduction to the topic. Part II is a brief overview of the structure and functions of the IFIs. Part III describes the way in which their operations have evolved since their creation. It focuses primarily on the World Bank and the IMF, because they are the most important of the IFIs and the most heavily involved in post-conflict situations around the world. Part IV describes the roles that the IFIs play in countries in conflict. Part V considers the various steps the IFIs could take to promote the implementation and enforcement of international humanitarian law. It also looks at the advantages and disadvantages of the IFIs becoming more actively engaged in the implementation and enforcement of international humanitarian law. Part VI contains my two conclusions. The first is that, except in extreme cases, the costs of having the IFIs actively engaged in the enforcement of international humanitarian law outweigh the benefits. The second is that the benefits of having the IFIs involved in the implementation of international humanitarian law exceed the costs.

Customary International Humanitarian Law

Customary International Humanitarian Law PDF

Author: Jean-Marie Henckaerts

Publisher: Cambridge University Press

Published: 2005-03-03

Total Pages: 610

ISBN-13: 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The Handbook of International Humanitarian Law

The Handbook of International Humanitarian Law PDF

Author: Michael Bothe

Publisher: Oxford University Press, USA

Published: 2013-08-29

Total Pages: 767

ISBN-13: 0199658803

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The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

What is the main role of international institutions? Political, financial and humanitarian perspectives

What is the main role of international institutions? Political, financial and humanitarian perspectives PDF

Author: Laura Ng

Publisher: GRIN Verlag

Published: 2016-08-02

Total Pages: 22

ISBN-13: 3656989990

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Essay from the year 2015 in the subject Politics - General and Theories of International Politics, grade: 1,0, Berlin School of Economics and Law, course: Regional Studies, language: English, abstract: International institutions can be defined as “behavioural regularities associated with a set of rules, norms and routines” (Allegret and Dulbecco, 2002, p. 174) which can either have a formal or informal character. On account of this broad definition international institutions appear in several different forms, such as international organisations as well as international treaties, with divergent conceptual designs, missions and tasks. For this reason, the main objective of this essay is to answer the question what the main role of international institutions is. In order to answer the central question the author will only focus on international institutions in terms of international organisations as an extensive analysis of all forms of international institutions would go beyond the scope of this essay. The main part of this work will be introduced with a brief overview of the basic concept of global governance. Subsequently, the central question will be discussed by using three examples of international organisations which correspond to three different perspectives on the problem. These perspectives consist of the political perspective with the United Nations as an example, the financial perspective with the example of the International Monetary Fund and the humanitarian perspective using the World Health Organisation as an example. Throughout the essay each example follows a certain structure. Firstly, each organisation will be briefly introduced by defining it, clarifying why and by whom it was founded and what its conceptual design and organisational structure are. Secondly, the author will analyse what the main activities, functions and roles of each organisation are and present a critical assessment regarding the roles, work or functioning of the respective organisation afterwards. Lastly, a short outlook concerning the possible future development and position of the international organisations in question will be given. The main findings of the analysis will then be summarised and presented in the conclusion of this essay.

Protection of Civilians

Protection of Civilians PDF

Author: Haidi Willmot

Publisher: Oxford University Press

Published: 2016

Total Pages: 497

ISBN-13: 019872926X

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The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.

Status of NGOs in International Humanitarian Law

Status of NGOs in International Humanitarian Law PDF

Author: Claudie Barrat

Publisher: Martinus Nijhoff Publishers

Published: 2014-07-24

Total Pages: 398

ISBN-13: 9004269665

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In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict.

Military Professionalism and Humanitarian Law

Military Professionalism and Humanitarian Law PDF

Author: Yishai Beer

Publisher: Oxford University Press

Published: 2018-04-09

Total Pages: 320

ISBN-13: 0190881151

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This book challenges the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice. It discusses reducing the human suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states' militaries and the humanitarian agenda. In response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The aims of the suggested paradigm are to create an environment in which full abidance by the law becomes a realistic norm, thus facilitating a second, more important aim of reducing human suffering. Militaries function in a professional manner; they develop and respect their doctrine, operational principles, fighting techniques and values. Their performances are not random or incidental. The suggested paradigm calls for leveraging the constraining elements that are latent in military professionalism. Talking professional language and adopting the professional way of thinking that underlies militaries' conduct makes it possible to identify and focus upon the core interests of a military in any given lawful war - those that ought to be taken into consideration - alongside those that can be sacrificed for the sake of the humanitarian concerns, while still allowing the military mission to be achieved. Indeed, leveraging professional standards and norms would establish a reasonable modus vivendi for a military, while allowing substantial new space for the humanitarian mission of the law.