Human Rights

Download Civilian or Combatant?: A Challenge for the 21st Century by Anicee Van Engeland PDF

By Anicee Van Engeland

In Civilian or Combatant?: A problem for the twenty first Century, Anic???e Van Engeland describes how the perform and evolution of struggle have became overseas humanitarian legislations into an enigmatic legislations that's advanced to appreciate, interpret, and implement. Van Engeland identifies the demanding situations that advocates of foreign humanitarian legislations face, which diversity from genocide, asymmetrical battle, and terrorism to rape as a weapon. The occasions of September 11 and the aftermath have positioned this department of foreign legislations, particularly, the excellence among civilians and warring parties, to the try out. Van Engeland describes how a few analysts have either wondered even if overseas legislations can adapt to those matters and challenged foreign humanitarian legislation at the foundation that it can't meet modern day war realities. Van Engeland responds to those critics, reminding readers that foreign humanitarian legislations was once no longer drafted to rule on struggle, yet particularly to guard sufferers of conflict, particularly civilians. hence, Van Engeland demonstrates that this department of overseas legislations is in consistent evolution. via an intensive and illustrated research, Van Engeland explains how civilians and fighters are nonetheless distinguishable, in addition to how foreign humanitarian has been stretched to satisfy those demanding situations.

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Extra resources for Civilian or Combatant?: A Challenge for the 21st Century (Terrorism and Global Justice)

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Thomas Aquinas set up conditions for a just war. His definition of a just war is a war that must be started and controlled by the leader of a State; it should be waged for a just cause; it must be waged for good or against evil; law must be respected or established quickly; war should be the last resort; and the principle of proportionality must be respected. 58 Francisco de Vitoria later contributed to the concept of just war. He stated that “it is lawful to 53 Honore Bonet, The Tree of Battles (G.

Morality certainly has a role to play:101 it is crucial to educate troops to respect the distinction based upon the right and wrong argument. However, it is not enough: the distinction must be written in law and violations must be punished. This brings in many questions, such as the type of punishment applicable, as well as the debate as to whether all parties to a conflict should be punished for violating the distinction between civilians and combatants. The Allies were never punished for the mass crimes they committed in order to terminate World War II.

They humanize the laws of war previously codified by shifting the focus from war realities to human beings at war. The Conventions are also very detailed regarding populations living under occupation. The Geneva Conventions draw from previous experiences: for example, Article 53 of the Fourth Geneva Convention that deals with civilians expressly prohibits collective punishments. This article is a clear response to the German army’s massacres of villages as a form of collective punishment for acts of rebellion committed by a few individuals.

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