These rules do not prevent war but regulate it, and do not prevent occupation but regulate it.Footnote186 The intereptation and application of these rules have failed to humanize war and to prevent the consolidation of a colonial apartheid in Palestine under the guise of unlawful occupation. In...
begin in section three, which argues that Myanmar’s domestic laws are inconsistent with the applicable rules of international law as they strip the Rohingya of their nationality. Section four will argue that the term ‘lawful presence’ should be read in its common meaning, considering a variety...
80. ICJ Right of Passage (Preliminary Objections) [1957] ICJ Rep 125, 146. 81. ICJ Boundary between Cameroon and Nigeria (Preliminary Objections) [1998] ICJ Rep 275, para 22. 82. ICJ Boundary between Cameroon and Nigeria (Preliminary Objections) [1998] ICJ Rep 275, para 31. 83. Klabbers...
6; the meaning and the scope of inter-temporal law was extensively raised by Chad in its oral and written pleadings before the ICJ inTerritorial Dispute (Libya v Chad), Counter-Memorial of the Government of
According to Nicaragua case, the answer should be “common article 3”. But would it not be ridiculous that the conflict between the US and Nicaragua, two sovereign States, applies the law for non-international armed conflict? ICJ reasons that the common minimum rules for IAC and NIAC are th...
【英文摘要】February 3,2009,the International Court of Justice issued itsjudgment in the case concerning Maritime Delimitation in the Black Sea(Romaniav. Ukraine).According to the judgment,a disputed area of approximately 80%belonged to Romania,and that ICJ concluded that Serpents' Island is a ...
The jus ad bellum, by its nature, will always contain a degree of indeterminacy, yet the possibility that different states might use force based on divergent understandings of the applicable legal rules raises real concerns, not least regarding the potential for abuse of the right of self-...
includes human rights such as the right to assembly, to life, to privacy, etc. IHL is a set of international rules created to govern the humanitarian problems arising directly from armed conflicts. IHL includes the four Geneva Conventions of 1949 and the two additional protocols adopted in 1977...
Since it was agreed that the Convention envisages the emergence of new peremptory rules (ius cogens superveniens) under the condition that the international community as a whole accepts the new rules as peremptory, the ILC was bound to consider the legal effects of these new peremptory rules on...
80. Second Report of SRCrawford, 16 March 1999, UN Doc A/CN.4/498, para 257; see alsoLefeber(1998), p. 612. 81. Air Services Agreement of 27 March 1946 (United States v France)(1979) 18 RIAA 416; ICJGabčíkovo-Nagymaros[1997] ICJ Rep 7, para 84et seq. ...