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Posts on: IHL

Ofilio Mayorga

Double-Tap Drone Strikes and the Denial of Quarter in IHL

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The denial of quarter is prohibited under the customary rules of armed conflict and is considered a war crime under the Rome Statute (see article 8(b)(xii) and article 8(e)(x)). In his book, Kill or Capture: The War on Terror and the Soul of the Obama Presidency, Daniel Klaidman explains that the Obama administration struggled for some time with the question of whether the administration’s targeted killing... More >>

Sanoj Rajan

Arms Trade Treaty: A ray of hope to change the way world fights?

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  As around 150 states started negotiating on the final terms of the proposed Arms Trade Treaty (ATT) in New York on 18 March 2013, the expectations from the regulation on the global trade on conventional weapons are keeping high.  Started as a movement to find solution to the lethal consequences of the uncontrolled arms trade, the impact of ATT would be multifarious, which could change the lives of millions caught up in... More >>

Sanoj Rajan

Shahbag Movement and the Mandatory Death Penalty for Alleged War Criminals in Bangladesh – The International Crimes Tribunal revisited

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  Recent mass movement in Bangladesh, demanding capital punishment for the accused war criminals before the International Crimes Tribunal (ICT) in Bangladesh and the subsequent amendment to the International Crimes Tribunal Act of 1973 (ICTA) by the Bangladeshi government on February 17, 2013, once again raises the much-debated question regarding the fairness of ICT’s prosecution.    The movement is named after... More >>

hpcr

Killing journalists in wartime: a legal analysis

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[Editor's Note: In its efforts to enrich professional dialogue on contemporary challenges of humanitarian law and policy, the Program on Humanitarian Policy and Conflict Research (HPCR) at Harvard University invites experts in international humanitarian law, humanitarian action, and associated fields to contribute their insights to relevant discussions. We are pleased to welcome the contribution below from Sandesh Sivakumaran. The... More >>

hpcr

How to close the gap between law and practice in targeted killing

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[Editor's Note: In its efforts to enrich professional dialogue on contemporary challenges of humanitarian law and policy, the Program on Humanitarian Policy and Conflict Research (HPCR) at Harvard University invites experts in international humanitarian law, humanitarian action, and associated fields to contribute their insights to relevant discussions. We are pleased to welcome the contribution below from Gabor Rona, one of... More >>

Ofilio Mayorga

Briefing Note: On Target? Drone strikes, legitimate military objectives, and civilian casualties

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  Accounts of U.S. drone strikes in Pakistan, Yemen, and Somalia abound. In most cases, news agencies highlight the killing of a top Al-Qaeda member or  “suspected” terrorists hiding in dubious militant compounds. AFP recently reported a new drone attack that killed at least 7 people in North Waziristan, a Pakistani tribal district near the Afghan border. Although the victims were not identified, local... More >>

Dustin Lewis

Understanding Core Differences between Human Rights and International Humanitarian Law in Armed Conflict

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International human rights law (IHRL) and international humanitarian law (IHL) are often perceived as legally synonymous, aiming to achieve similar objectives through legal protection. Yet while they share important features, these two bodies of law have distinct origins and in many ways constitute distinct projects. At its core, IHRL seeks to regulate the relationship of the government to its population in order to spur the government... More >>
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