New answers tagged international-law
2
votes
On what grounds do the USA-affiliated forces and citizens reside in Syria if Syrian government objects?
It is authorized by Public Law 107-40, the Authorization for Use of Military Force (AUMF) that authorized the war in Afghanistan after 9-11.
This essentially declares war on ISIS, and there is an ISIS ...
- 73k
0
votes
Why isn't bombing cities under any circumstance a war crime? Same applies to launching attacks from cities
The objective of the Fourth Geneva Convention wasn't to protect civilians at all costs.
It was to discourage mass slaughter of enemy population for vindictive or genocidal reasons. This practice used ...
16
votes
Why isn't bombing cities under any circumstance a war crime? Same applies to launching attacks from cities
It's generally acknowledged that deliberate and indiscriminate targeting of cities, even with a military objective, can be viewed as contrary to the principles of the laws of war.
There is no need ...
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20
votes
Why isn't bombing cities under any circumstance a war crime? Same applies to launching attacks from cities
Because if you make the main objective of a war illegal, no one will care about your law. Wars are fought for control over territories, and you hold territory by holding the administrative centers of ...
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25
votes
Why isn't bombing cities under any circumstance a war crime? Same applies to launching attacks from cities
There is a real risk in creating laws that do not achieve a minimum threshold of actual buy-in and compliance.
For examples, you could refer to the US Prohibition.
Or the Hague 1899 Convention ...
29
votes
Why isn't bombing cities under any circumstance a war crime? Same applies to launching attacks from cities
There is the concept of declaring a city about to be occupied an open city. Attacking an open city is not acceptable, but neither is defending it or using it as a base for attack. Looking at this the ...
- 106k
52
votes
Accepted
Why isn't bombing cities under any circumstance a war crime? Same applies to launching attacks from cities
The short answer is that any military effort relies on production and distribution, which is largely carried out by civilians in urban areas. If a nation needs to produce military ordinance or ...
- 67.7k
1
vote
What recourse do international relief workers have if refugee camps where they work are bombed?
Since you are asking this on Politics SE and not Law SE:
By definition, international relief workers come from some third country. The government of this third country may or may not care for their ...
- 106k
3
votes
When was the last time Hamas acted against a UN resolution?
Since the elephant in the room is the attack on October 7th, 2023, one would be served well to point out that the methods of the attack included deliberate targeting of unarmed Israeli civilians, ...
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7
votes
When was the last time Hamas acted against a UN resolution?
The following security council resolutions come to mind:
1820 "condemns the use of sexual violence as a tool of war". Hamas has used rape as tool of war in their 7.10. massacre.
2573 ...
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9
votes
Accepted
When was the last time Hamas acted against a UN resolution?
On the 4th of November 2023.
On the 27th OCTOBER 2023 the UN General Assembly adopted a
Resolution Calling for Immediate, Sustained Humanitarian Truce Leading
to Cessation of Hostilities between ...
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9
votes
When was the last time Hamas acted against a UN resolution?
Hamas has consistently acted against the UN resolutions. The most flagrant violation is the call to obliteration or dissolution of Israel. Note that Israel was created in accordance to the UN ...
- 10.4k
-1
votes
Is there any international law that prohibits the use of nuclear weapon against another country?
The typical scenario of using nuclear weapons as depicted in the literature is the massive strike with powerful weapons over the centres of the densely populated cities, civilians clearly being a ...
- 16.5k
5
votes
Is there any international law that prohibits the use of nuclear weapon against another country?
No, there isn't.
But some countries have voluntarily adopted a policy of "no first strike", which says that in case of a war, they will never be the first party to use nuclear weapons ...
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13
votes
Accepted
Is there any international law that prohibits the use of nuclear weapon against another country?
This was considered by the ICJ in 1996, to quote the Red Cross:
On 8 July 1996, the International Court of Justice issued an Advisory Opinion concerning the legality of nuclear weapons. The Court ...
- 115k
7
votes
Does international law hold an Army accountable for killings done by other groups during a military attack?
Responsibility for war crimes is individual. The army commander might be held responsible if the civilians were acting as his proxies under some later traceable, even if not obviously overt command ...
- 144k
1
vote
On what basis did the Russian ambassador to the UN say "Israel Has No Right to Self-Defense as Occupier"?
There is an argument that attacks from an occupied territory cannot give rise to self defense under '51 because the nation in question already controls where the attacks come from.
In this case, an ...
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2
votes
Did any authority of note opine that the 1991-2002 Iraq no-fly zones amounted to occupation?
I did find about 4 sources that use the term, but it is qualified with 'air' or 'aerial' in most (3) of them. One merely says
A no-fly zone is a de facto aerial occupation of sovereign airspace.
But ...
- 144k
2
votes
Accepted
On what basis did the Russian ambassador to the UN say "Israel Has No Right to Self-Defense as Occupier"?
The problem, that it is an old case, not a new one, and Israel is on occupied territory of Palestine.
According to ICJ Advisory opinion(at 13 July 2004) on the Legal Consequences of the Construction ...
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-4
votes
On what basis did the Russian ambassador to the UN say "Israel Has No Right to Self-Defense as Occupier"?
This question appears to presume that Russia was presenting an argument.
Not everything that is stated in the form of an Aristotelian Rhetoric actually amounts to being such an argument.
Because in ...
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7
votes
Accepted
Did any ICC member state country ever refuse to arrest members indicted by the ICC?
Yes, and I am sure it happens frequently.
South Africa defends decision to ignore ICC's Bashir arrest warrant
THE HAGUE (Reuters) - South Africa told the International Criminal
Court on Friday that ...
- 15.4k
-5
votes
What are the political impediments for a country in sending aid to Palestinians in Gaza, without an international consensus?
I'm not justifying atrocities excuses in any way that was 7.10.2023, but.
But in fact Israel can not appeal to the 51 of the UN Charter - self-defence right, because Israel is on occupying territory ...
- 452
6
votes
What are the political impediments for a country in sending aid to Palestinians in Gaza, without an international consensus?
can this be construed as an act of war ("aiding the enemy") by Israel?
Act of war, probably not in the sense accepted after the UN charter was adopted--self-defense is only available ...
- 144k
5
votes
Is there no presumption in international law that people fleeing from a country at war are valid refugee applicants?
Like with many a thing in int'l law, opinions seem a bit divided.
It has sometimes been suggested that non-refoulement does not apply to acts
of extradition or to non-admittance at the frontier. In ...
- 144k
4
votes
Is there no presumption in international law that people fleeing from a country at war are valid refugee applicants?
According to the 1951 Convention Relating to the Status of Refugees (note that 1967 additional protocol removed temporal or geographical constraints - i.e. phrases like "As a result of events ...
- 3,832
7
votes
Is the requirement to accept refugees unconditional in international law, even in the case of a forced population transfer?
The 1951 Refugee
Convention
regulates the rights and obligations of states and
refugees. Article 1.2 of the Convention defines a "refugee" as follows:
As a result of events occurring before ...
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