Law Outlines International Humanitarian Law Outlines
This outline delineates international statutory and case law for times of conflict. Subjects include: customary international law, enforcement and implementation, international armed conflict & noninternational armed conflict, gender issues, Guantanamo Bay, responsibility to protect, occupation, and individual status. There is also an outline on the sources of IHL (Hague Convention, Geneva Conventions, Additional Protocols, UN Charter, Rome Statute, and ICJ rules), as well as a description of rel...
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Source
GC articles 47-48?
CA 2
GC4:27 – the occupying power must provide humane treatment with no discrimination, but the occupying power can take necessary security measures
Hague regulataions: define it
Example
Israeli Wall case
Advisory Opinion from ICJ (GA asked for advisory opinion)
Applies IHL. Article 2.4 of UN Charter (mandates refraining from the threat or use of force – you can’t gain territory by force).
Applies GC4
CA 2 (IAC and 2 contracting parties)
It was the intent of the drafters to protect civilians (see art. 47)
Travaux – occupation even without combat
Subsequent practice – court takes pragmatic approach: there were 2/more high contracting parties in the 60s war, and now there is an occupation, so Israel is held to GC4
Takeaway: occupation is supposed to be temporary, and the occupying party can’t make permanent changes because you can’t acquire property.
Applies HR conventions re: deprivation of property. Says that these conventions are not lifted during the war. Israel must make restitution.
Applies Hague
Applies Vienna Convention on the Law of Treaties
Article 31: pacta sunt servanda – treaties must be entered into in good faith
Article 32: travauxi – legislative/drafting history – in cases of ambiguous terms, look to historical circumstances of creation. You can also look at subsequent state practice of the parties to the treaty.
Can the military build the wall?
No. The wall’s construction violates the rules and principles that Israel relied upon. The route of the wall proves that the motivation behind the wall is political, and is not security based, and therefore its presence is untenable under IHL.
GC4:49: the occupying power can’t transfer its own population to the occupied territories
Even if Israel says the wall is temporary, and even if it is not political it is a de facto annexation (not allowed, UN Charter 2.4)
ICJ’s concern was that the barrier would hav a tendency to change the boundary.
Looked at this as a question of occupation law.
Israeli Supreme Court
Applies IHL
Finds Israel to be the...
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This outline delineates international statutory and case law for times of conflict. Subjects include: customary international law, enforcement and implementation, international armed conflict & noninternational armed conflict, gender issues, Guantanamo Bay, responsibility to protect, occupation, and individual status. There is also an outline on the sources of IHL (Hague Convention, Geneva Conventions, Additional Protocols, UN Charter, Rome Statute, and ICJ rules), as well as a description of rel...
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