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Military Necessity
Military necessity, along with distinction (law), distinction, and proportionality (international humanitarian law), proportionality, are three important principles of international humanitarian law governing the laws of war, legal use of force in an armed conflict. Attacks Military necessity is governed by several constraints: an attack or action must be intended to help in the military defeat of the enemy; it must be an attack on a military objective;Article 52 of ''Additional Protocol I to the Geneva Conventions'' provides a widely accepted definition of military objective: "In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage" (Source: ). and the harm caused to civilians or civilian property must be proport ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distinction (law)
Distinction (principle of distinction) is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and protected civilians. Combatant in this instance means persons entitled to directly participate in hostilities and thus are not afforded immunity from being directly targeted in situations of armed conflict. Protected civilian in this instance means civilians who are enemy nationals or neutral citizens outside of the territory of a belligerent power. Article 51.3 of Protocol I to the Geneva Conventions explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". ''Distinction'' and '' proportionality'' are important factors in assessing military necessity in that the harm caused to protected civilians or civilian property must be proportional and not "excessive in relation to the concrete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of January 2025, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The jurisdiction of the court is complementary to jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civilian Casualty Ratio
In armed conflicts, the civilian casualty ratio (also civilian death ratio, civilian-combatant ratio, etc.) is the ratio of civilian casualties to combatant casualties, or total casualties. The measurement can apply either to casualties inflicted by or to a particular belligerent, casualties inflicted in one aspect or arena of a conflict or to casualties in the conflict as a whole. Casualties usually refer to both dead and injured. In some calculations, deaths resulting from famine and epidemics are included. Global estimates of the civilian casualty ratio vary. In 1999, the International Committee of the Red Cross estimated that between 30 and 65% of conflict casualties were civilians, while the Uppsala Conflict Data Program (UCDP) indicated, in 2002, that 30–60% of fatalities from conflicts were civilians.Human Security Report 2005, page 75 In 2017, the UCDP indicated that, for urban warfare, civilians constituted 49–66% of all known fatalities. William Eckhardt found that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shimoda 1963
Shimoda may refer to: Places in Japan *Shimoda, Shizuoka, a city in Shizuoka Prefecture ** Shimoda Ropeway, an aerial tramway which climbs Mount Nesugata * Shimoda, Aomori, a town in Aomori Prefecture * Shimoda Station, a railway station in Oirase, Aomori Prefecture Other uses * Shimoda (surname), a Japanese surname * Siege of Shimoda (1590), in Shimoda, Shizuoka * Shimoda bugyō, 19th-century Japanese title equivalent to commissioner, overseer or governor * Shimoda Conference, series of unofficial dialogues between the United States and Japan *Treaty of Shimoda The Treaty of Shimoda (下田条約, ''Shimoda Jouyaku'') (formally Treaty of Commerce and Navigation between Japan and Russia 日露和親条約, ''Nichi-Ro Washin Jouyaku'') of February 7, 1855, was the first treaty between the Russian Empire, a ... (1855), between Japan and Russia See also *'' Ryuichi Shimoda v. The State'', a court case by a group of five survivors of the atomic attacks on Hiroshima and Nagasaki *'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Srebrenica Massacre
The Srebrenica massacre, also known as the Srebrenica genocide, was the July 1995 genocidal killing of more than 8,000 Bosniak Muslim men and boys in and around the town of Srebrenica during the Bosnian War. It was mainly perpetrated by units of the Bosnian Serb Army of Republika Srpska under Ratko Mladić, though the Serb paramilitary unit Scorpions also participated. The massacre was the first legally recognised genocide in Europe since the end of World War II. Before the massacre, the United Nations (UN) had declared the besieged enclave of Srebrenica a " safe area" under its protection. A UN Protection Force contingent of 370 lightly armed Dutch soldiers failed to deter the town's capture and subsequent massacre. A list of people missing or killed during the massacre contains 8,372 names. , 6,838 genocide victims had been identified through DNA analysis of body parts recovered from mass graves; Some Serbs have claimed the massacre was retaliation for civilian casualt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Criminal Tribunal For The Former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ''ad hoc'' court located in The Hague, Netherlands. It was established by United Nations Security Council Resolution 827, Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the United Nations to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aiding And Abetting
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". Some jurisdictions distinguish aiding and abetting from being an accessory before the fact on whether the person is present at the crime. Other jurisdictions have merged being an accessory before the fact with aiding and abetting. Canada In Canada, a person who aids or abets in the commission of a crime is treated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Municipal Law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. It encompasses the laws enacted by national, state, or local governments and is concerned with regulating the behavior of individuals, corporations, and entities within the country. Municipal law includes various branches such as criminal law, private law, administrative law, and constitutional law. It is enforced by domestic courts and administrative bodies. Municipal law is tailored to the unique needs, values, and circumstances of the specific political entity it governs. For instance, traffic regulations, criminal codes, and property laws are all examples of municipal laws that vary from one country to another. Key differences between municipal and international law * Scope and jurisdiction: Municipal law applies within a specific country, while international law applies to relations between states and international entities. * Sources of law: M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The International Criminal Court And The 2003 Invasion Of Iraq
A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence. 2005–2006 preliminary examination The Prosecutor of the International Criminal Court (ICC) reported in February 2006 that he had received 240 communications in connection with the invasion of Iraq in March 2003 which alleged that various war crimes had been committed. The overwhelming majority of these communications came from individuals and groups within the United States and the United Kingdom. Many of these complaints concerned the British participation in the invasion, as well as the alleged responsibility for torture deaths while in detention in British-controlled areas. On February 9, 2006, the Prosecutor, Luis Moreno-Ocampo, published a letterLuis Moreno-Ocampo (9 February 2006). . Retrieved on 14 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
