Humanitarian law - the law of armed conflict

6 important questions on Humanitarian law - the law of armed conflict

What is the lex specialis and what is the lex generalis? Humanitarinan law and human rights law. What is the difference?

·Humanitarian law: lex specialis applicable in situations of armed conflict and mostly concerned with how belligerent states treat national of adverse and neutral parties.
·Human rights law: lex generalis broadly applicable in all situations both peace and war a mostly concerned with how states treat their own nationals.

Why has the declaration of war become redundant?

Since the UN-charter (1945) where the threat of force is prohibited,

What was ruled in the Tardic case in regard to customary international law?

·armed conflict in customary international law requires that hostilities be substantial, protracted (long-drawn-out) and large-scale.
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For which 4 catergories is there a POW status?

oMembers for the regular armed forces;
oMembers of other military or volunteer corps;
oAuthorized persons who accompany the armed forces;
oParticipants in a levée en mass (massale dienstplicht tijdens Franse revolutie).

Why have mercenaries no right to POW status?

Mercenaries are nog regarded as lawful combatants

By which 7 methods can IHL be secured?

  1. reprisals
  2. state repsonsibity
  3. sissemination
  4. supervision
  5. implementation
  6. prosecution
  7. external scrutiny

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