This article puts forward an argument for a particular approach to the interpretation of the defi... more This article puts forward an argument for a particular approach to the interpretation of the definition of non-international armed conflict in the Rome Statute of the International Criminal Court. Focusing on the meaning of Article 8(2)(f), it is contended that this provision possesses a threshold of an application equivalent to that of Article 3 common to the four Geneva Conventions
The objective of this article is to evaluate the extent to which we can regard individuals in the... more The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria, and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognizing ‘de facto regimes’ as subjects of international law, before examining the relevant case-law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the doctrine of acquired human rights to recognize, in certain circumstances, that the ECHR can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.
Convention on Human Rights]. 7. The European Convention on Human Rights reproduces the U.N. Decla... more Convention on Human Rights]. 7. The European Convention on Human Rights reproduces the U.N. Declaration formula in its Article 3 but omits the word "cruel." Id. art. 3. The Convention on the Rights of the Child contains the provision with the term "child" substituted for "one." Convention on the Rights of the Child, supra note 5, art. 37. Article 39 of this convention also uses the terms contained in the United Nation's provision: "States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of... torture or any other form of cruel, inhuman or degrading treatment or punishment." Id.
20051 INTERNAL ARMED CONFLICT 67 Common Article 3 as the first provision of international humanit... more 20051 INTERNAL ARMED CONFLICT 67 Common Article 3 as the first provision of international humanitarian law relating specifically to situations of non-international armed conflict. As customary international law, it is held to embody a set of standards universally applicable in all ...
The Concept of Non-International Armed Conflict in International Humanitarian Law, 2010
ABSTRACT This chapter examines the threshold distinguishing situations of non-international armed... more ABSTRACT This chapter examines the threshold distinguishing situations of non-international armed conflict from situations of internal disturbances in light of recent developments. An argument is advanced in support of a particular approach to the application of this threshold in the characterisation of non-international armed conflict. The definition of non-international armed conflict provided in the case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) forms a central tenet of this argument.
The objective of this article is to evaluate the extent to which we can regard individuals in the... more The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognising 'de facto regimes' as subjects of international law, before examining the relevant case law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the doctrine of acquired human rights to recognise, in certain circumstances, that the European Convention on Human Rights can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.
This article puts forward an argument for a particular approach to the interpretation of the defi... more This article puts forward an argument for a particular approach to the interpretation of the definition of non-international armed conflict in the Rome Statute of the International Criminal Court. Focusing on the meaning of Article 8(2)(f), it is contended that this provision possesses a threshold of an application equivalent to that of Article 3 common to the four Geneva Conventions
The objective of this article is to evaluate the extent to which we can regard individuals in the... more The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria, and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognizing ‘de facto regimes’ as subjects of international law, before examining the relevant case-law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the doctrine of acquired human rights to recognize, in certain circumstances, that the ECHR can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.
Convention on Human Rights]. 7. The European Convention on Human Rights reproduces the U.N. Decla... more Convention on Human Rights]. 7. The European Convention on Human Rights reproduces the U.N. Declaration formula in its Article 3 but omits the word "cruel." Id. art. 3. The Convention on the Rights of the Child contains the provision with the term "child" substituted for "one." Convention on the Rights of the Child, supra note 5, art. 37. Article 39 of this convention also uses the terms contained in the United Nation's provision: "States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of... torture or any other form of cruel, inhuman or degrading treatment or punishment." Id.
20051 INTERNAL ARMED CONFLICT 67 Common Article 3 as the first provision of international humanit... more 20051 INTERNAL ARMED CONFLICT 67 Common Article 3 as the first provision of international humanitarian law relating specifically to situations of non-international armed conflict. As customary international law, it is held to embody a set of standards universally applicable in all ...
The Concept of Non-International Armed Conflict in International Humanitarian Law, 2010
ABSTRACT This chapter examines the threshold distinguishing situations of non-international armed... more ABSTRACT This chapter examines the threshold distinguishing situations of non-international armed conflict from situations of internal disturbances in light of recent developments. An argument is advanced in support of a particular approach to the application of this threshold in the characterisation of non-international armed conflict. The definition of non-international armed conflict provided in the case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) forms a central tenet of this argument.
The objective of this article is to evaluate the extent to which we can regard individuals in the... more The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognising 'de facto regimes' as subjects of international law, before examining the relevant case law of the European Court of Human Rights and wider international law on the human rights obligations of such political entities. It then draws on the doctrine of acquired human rights to recognise, in certain circumstances, that the European Convention on Human Rights can be opposable to such regimes and concludes by reflecting on the implications of the analysis for understanding human rights in world society.
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