Cambodian Law – Relevant Sources of Law

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International Peace and Security

Maintenance of international peace and security is a crucial role of the United Nations. Since 1945 the organisation has restored peace in the conflict-affected areas and prevented disputes from escalating into wars by peaceable means to settle dispute. Continue reading International Peace and Security

Test of proportionality in Humanitarian Law

Humanitarian Law requires that belligerents engaged in hostilities respect the principle of proportionality, which derives Geneva Conventions, their Additional Protocols as well as customary humanitarian law. A party of conflict (a state or armed group) must respect unconditionally the principle even if they are not a party of international commitments. Continue reading Test of proportionality in Humanitarian Law

International Armed Conflict

The international humanitarian law has not provided an official (and legally binding definition) of an international armed conflict. Already during the Second World War many military operations were launched without official declaration of the war. The declaration confirmed often the actual situation when both sites were already engaged in military operations. Depart from the concept of war anticipated the actual situation after 1945, when a vast majority of military conflicts were conducted without an official declaration of war. Continue reading International Armed Conflict

General Principles of Humanitarian Law

Since 1864, the International Humanitarian Law has developed its own general principles of law, which also constitute – according to the Art. 38 of Statute of International Court of Justice (ICJ) – sources of law. This approach was confirmed in the jurisprudence of ICJ and International Tribunal for Former Yugoslavia.

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Principle of distinctions in Humanitarian Law

Principle of distinction is one of the cardinal principles that constitute the fabric of humanitarian law. Military attacks are authorised against military objectives, combatants and members of armed forces as well as against civilians who directly participating in hostilities (so called legitimate targets). The purpose of this principle is to restrict warfare to acts of violence against the enemy combatants. The civilian (and its objectives) shall be spared against the effects of hostilities. Conversely, the combatants who directly participate in conduct of hostilities are legitimate military target at all times except when they are rendered hors de combat. Continue reading Principle of distinctions in Humanitarian Law