60, 2008, Robert Chesney and Jack Goldsmith "show how the two systems have moved to rectify their inadequacies, and to some extent have converged on procedural and substantive criteria for detention" and "identify the specific questions that would-be reformers must address with regard to both substantive detention criteria and procedural safeguards." (Posted 12/23/09) In "Exceptional Engagement: Protocol I and a World United Against Terrorism," Texas International Law Journal, Volume 45, 2009, Mike Newton "challenges the prevailing view that U.S.
The (edited by Professor Rüdiger Wolfrum, completely rewritten new edition of the famous Max Planck Encyclopedia of Public International Law, edited by Professor Rudolf Bernhardt) has just gone on-line. Of my five entries, three are up: "Forced Population Transfer", "Repatriation" and "Spanish Civil War". Two more are in the pipeline: "Marshall Plan" and "Guantanamo Naval Base". See
In view of the types of breaches of international legal precepts contained in the principle sources of international humanitarian law, the crimes committed in the territory of the former Yugoslavia can be classified into the following categories:
I) Wilful killing of civilians;
II) Wilful killing of detainees - POWs;
III) Inhuman treatment of civilians;
IV) Inhuman treatment of detainees - POWs;
V) Wilful killing and inhuman treatment of wounded and sick persons;
VI) Hostage-taking and detention camps;
VII) Wanton devastation and destruction of property;
VIII) Devastation of places of worship, cemeteries, cultural and historical monuments;
IX) Ethnic cleansing.
Bearing in mind the nature and types of the crimes committed, the international legal basis for the punishment of these crimes perpetrated in the territory of the former Yugoslavia, which are mostly the Geneva Conventions for the Protection of War Victims (1949) and the Protocols I and II Additional to the Geneva Conventions (1977), should be supplemented by the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide (1948), the International Convention against the Taking of Hostages (1979) and the Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954).
Two criteria have been taken into account in their systematic compilation: on the one hand, the war crimes have been classified according to the sources of the law of war and humanitarian law, and, on the other, according to the nature of the armed conflicts in the territory of the former Yugoslavia and under the provisions of the national criminal legislation of the former SFR of Yugoslavia.
The documents reveal the relationship between causes and effects, the instigators and executioners in the events which escalated into subsequent gross violations of international humanitarian law and into war crimes.
The submitted Report describes gross violations of the law of war and of international humanitarian law, being perpetrated from the outbreak of conflicts in the Republic of Slovenia to date.
The Government of the FR of Yugoslavia considers that it is of the utmost importance for further political solution of the crisis in the territory of the former Yugoslavia to establish all relevant information relating to armed conflicts and violence, particularly those relating to grave violations of the law of war and humanitarian law.
The Criminal Code of the SFR of Yugoslavia, Chapter XVI, defines as crimes against humanity and international law, genocide (Article 141); war crimes against the civilian population (Article 142); war crimes against wounded and sick persons (Article 143); war crimes against POWs (Article 144); organization of groups and instigation to the commission of genocide and war crimes (Article 145); arbitrary killing and wounding of the adversary (Article 146); looting of the killed and wounded persons on the battle front (Article 147); use of prohibited means of combat (Article 148); hurting of the parliamentary (Article 149); inhuman treatment of wounded and sick persons and POWs (Article 150); destruction of cultural and historical monuments (Article 151); instigation of a war of aggression (Article 152); racial and other discrimination (Article 154).
KU-94/92 dated 13 May 1992, against all of the 16 persons involved on suspicion that they cruelly and perfidiously killed those Serb villagers for ethnic reasons and thus committed a crime against humanity and international law.
The resulting television pictures and media reports of chaos among aid workers overwhelmed when the refugees arrived at the UN base in Tuzla were intended to bring about a decisive international response..."Once again victims of the civil war were paying the price for the unspeakable crimes that their - Bosnian Muslim - representatives were orchestrating.
During the evacuation there were no incidents on either of the sides and the Serb side has adhered to all the regulations of Geneva Conventions and the international war law, as far as concern convoy escorted by UN forces.
It is recognized that this clause itself is part of customary international law. It is very important that both clauses underline that not everything that is not prohibited is lawful in war and that answers to questions relating to the protection of war victims cannot be found exclusively through a purely positivist approach; it is, however, not easy to find precise answers to real problems arising on the battlefield through these clauses. In a world with extremely varied cultural and religious traditions, in which people have diverging interests and different historical perspectives, those clauses can generally no more than indicate in which direction to look for a solution.