Monday, April 22, 2019
International Law Essay Example | Topics and Well Written Essays - 1750 words
International Law - Essay causeThe threat does not come from a charging cavalry but from a small group of individuals, specifically armed civilians, clandestinely operating to undermine an entire country or its economy. There is no declaration of struggle. The resistance simply launches an attack from within where majority of the casualties are innocent civilians. This is the era of unconventional warfare. Unlike war and belligerency which are governed by specific set of rules under the United Nations conventions and treaties, there exist no specific rules in international law that apply to unconventional conflicts.1 Unlike terrorists, the community of nations adheres to laws that govern the wear of war, including but not limited to the Geneva figures of 1949, the Hague Conventions, and the 1977 Protocols to the Geneva Conventions. These basic laws are then complemented and supplemented by the kind-hearted rights conventions and treaties. The absence of specific rules that appl y to unconventional conflicts like terrorism give rise to the debate as to whether or not unconventional conflicts can be wakelessly regulated without conferring legal rights to terrorists. I award to resolve the issue at hand in the negative. No, unconventional conflicts cannot be legally regulated without conferring legal rights to terrorists. ... Rumsfeld. The court ruled that Hamdan is entitled to the rights set forth in the common Article 3 of the quadruple Geneva Conventions.2 In particular, these conventions are first, the Convention for the Amelioration of the Condition of the Wounded and Sick in fortify Forces in the Field second, the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea third, the Convention Relative to the Treatment of Prisoners of War and fourth, the Convention Relative to the Protection of Civilian Persons in Time of War.3 trance the first three conventions govern the conduct of war between armed combatants and all those directly come to in the armed conflict, the last convention provides regulations as to how these combatants should conduct themselves with regard to unarmed civilians.4 The Geneva Conventions specifically stated under Article 2 thereof that the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between dickens or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall in any case apply to all cases of partial or total occupation of the district of a High Contracting Party, even if the said occupation meets with no armed resistance. Moreover it bears stressing that the conventions also provide in Article 3 thereof that, Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circ umstances be treated humanely, without any
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