(English) The thesis focuses on the issue of humanitarian assistance under international humanitarian law. The topic was chosen based on the personal interest of the author of the thesis and also based on the fact that it is a current and very discussed issue. The thesis is concerned with the legal sources governing the concept of humanitarian assistance. It also focuses on the history of the concept paying special attention to its modern development and to the principles on which it is based. Individual chapter is dedicated to the issue of providers and beneficiaries of humanitarian assistance. Special attention is also given to the issue of consent with the facilitation of humanitarian assistance, whether it is necessary to sough such a consent and from whom. Significant part of the thesis focuses on the facilitation and distribution of humanitarian assistance and the obligations of the third states. The first chapter of the thesis is dedicated to the introduction, definition of the term "humanitarian assistance", aims and goals of the thesis, and also to the methods and sources. The second chapter focuses in a great detail on legal sources relevant to the thesis. First, it pays attention to the treaty law. Thus, it describes the relevant provisions of the Geneva Convention IV, the Additional...

'International humanitarian law' (IHL) has long differentiated between international and non-international armed conflicts, regulating the latter, at least at the level of treaty law, far less than the former. One of the starkest examples of this is in the case of administrative detention on security grounds or 'internment'. Thus, IHL applicable in international armed conflicts establishes a seemingly robust regime regarding internment. As such, it specifies the limited grounds on which an individual may be interned, the procedural safeguards that must be provided to internees, and the point at which the internee must be released. In the conventional IHL provisions applicable in non-international armed conflicts, on the other hand, no equivalent rules are made explicit. In addition, the application in such situations of international human rights law (IHRL), which also contains procedural rules applicable to detention, is considered by many to be very controversial. This has led to considerable confusion over the current state of the law governing detention in non-international armed conflict, and it is here that some of the most controversial practices and intractable debates within IHL of the last decade have developed. The present thesis seeks to clarify the law here and does so through a comprehensive examination of both IHL and IHRL. It begins with a discussion of the general context in which the thesis falls, i.e. the distinction between international and non-international armed conflicts. This is considered from an historical perspective, considering the basis for the distinction as well as its appropriateness in contemporary international law. Having considered this general question, the thesis then moves on to an examination of the current lex lata with regard to internment in non-international armed conflicts, with a comprehensive examination of both IHL and IHRL. Regarding IHL, it is shown that, whilst there remains a dearth of conventional and customary rules here, one can discern a general prohibition of internment that is not necessary as a result of the conflict. The application of the IHRL rules on detention in non-international conflicts and their interaction with relevant rules of IHL are then explored, with substantial reference to the practice of both states and human rights treaty bodies. It is shown that, absent derogation, human rights treaty rules continue fully to regulate detentions by states in relation to non-international armed conflicts, alongside the minimal rules of IHL. However, it is also demonstrated that the current law remains inadequate in this area. First, there is significant disagreement between the human rights treaty bodies on the extent to which derogation from these rules is permitted. Second, persons detained in non-international conflicts by non-state armed groups or by states with no human rights treaty obligations are protected by the far more basic customary rules in this area. The thesis, therefore, concludes with a set of concrete proposals for developing the law here, in a manner that builds upon and clarifies the current obligations of all states and non-state armed groups.

Magister Legum - LLM / This mini-thesis analyses the international legal framework governing the protection of the natural environment during armed conflicts. It critically examines the normative rules in international humanitarian law and international environmental law in respect of environmental damage during armed conflicts and it highlights the strengths and shortcomings of international law in this regard. Furthermore, this thesis investigates how the regulatory structures of the African Union (AU) address the problem of environmental damage during armed conflict. It draws on the aforementioned analyses to determine how regional law in Africa differs from the international regime and in what ways the regional framework may serve to complement the international legal regime in order to strengthen the protection of the environment during armed conflict on the continent.

Magister Legum - LLM / The International Committee of the Red Cross/Crescent (ICRC) has been the only agency promoting the observance of the law of armed conflict. It has invested considerably in finding solutions to protecting people and regulates the means and methods of warfare. Throughout the development of the law of armed conflict, the protection of the environment was never the centre of focus. From the early 1868 Declaration of Saint Petersburg to the Hague Regulations of 1907, attention was given to weakening the military forces of the enemy and the right of the belligerents not to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war. Through AP I, the basic principle of IHL was reaffirmed. The concepts of military necessity and proportionality became clearer, permitting only those acts of war which are proportional to the lawful objective of a military operation. Considering the cruelty experienced through the crises that occurred in the RC, it is therefore imperative for the administration to enforce their observation. In the light of the above background the aims of this research paper are to seek to explore the challenges that the current RC administration is facing in implementing IHL and IEL principles. In addition, the research paper will analyse the possibilities to promote the implementation of IHL and IEL instruments within the public domain, mostly the army, to dissipate any ignorance that occur. The International Court of Justice (ICJ) has also made it clear that an obligation rests upon states to take environmental considerations into account during armed conflict in so far as these relate to states’ military objectives

"This study will demonstrate how the ICTR is developing and enforcing international humanitarian law (IHL). Already it has successfully sent out a clear message to leaders worldwide that gross human rights violations of this nature will no longer go unpunished, providing a form of deterrence. The ICTR continues to develop a rich jurisprudence on IHL that will be examined in this study. Being the first international tribunal to convict a person of genocide, the first to recognise rape as an element of genocide, and to try a woman for the crime of genocide, the ICTR jurisprudence will prove invaluable. The rules of procedure adopted by the ICTR that have greatly facilitated bringing to justice high ranking officials shall also be examined. The study will contribute to the ongoing discussion on the role of the ICTR in developing and enforcing IHL. The study will specifically give insight on how the ICTR helps the development of IHL from an African perspective, thus contributing to ending impunity not only in Rwanda but in Africa as a whole. ... Chapter two will give a background to the 1994 genocide in Rwanda, which led to the establishment of the ICTR. This section will discuss the jurisdiction, structure, and procedures of the ICTR. Chapter three will examine the development and nature of IHL and the problems regarding its enforceability. Chpater four will address the contribution made by the ICTR to the development and enforcement of IHL. Chapter five will offer some concluding remarks." -- Chapter 1. / Supervised by Mr. Emmanuel Yaw Benneh at the Faculty of Law, University of Ghana / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

In war military necessity to some extent justifies breaches to some international humanitarian law rules. However, there is no justifiable causes for breaching rules with the objective to reduce humanitarian suffering. Professor Gabriella Blum is the creator of the humanitarian necessity theory which investigates the possibility for humanitarian necessity as a ground for freedom from responsibility in armed conflicts.  By applying the humanitarian necessity theory to the Moscow Theater Hostage Crisis case this thesis strives to investigate how a humanitarian necessity theory would affect international humanitarian law on an operational level of war.  The result of the analysis shows that the theory would weaken existing international humanitarian law and have high risks of blurring the limits between legitimate targets and protected persons. The implementation of the theory could result in creating an even more complex environment where the humanitarian necessity theory causes negative humanitarian effects instead of decreasing humanitarian suffering.

This study aims to examine how the emergence of modern warfare are challenging International Humanitarian Law when it comes to the protection of civilians in armed conflict. Thereby gaining a better understanding of how modern warfare is putting civilians at risk and how International Humanitarian Law is being challenged by the development of warfare. This study is a multidisciplinary study of Peace and Conflict Studies and International Law, which gives a rare perspective on civilian’s position in modern warfare. Thereby this study is not only showing the legal challenges in armed conflict but also bringing in the perspective of civilian’s position in modern warfare. This study will make use of three case studies: urban warfare, non-state actors and the use of drones in armed conflict. This study concludes that the challenges which International Humanitarian Law meets in modern warfare, is related to the need of clarifications but also a need for a greater enforcement and respect of the law by all parties of the conflict, both state and non-state actors. Lastly, there is a need for strengthening the inclusion of non-state actors in international law and strengthen International Humanitarian Law to meet the challenges of modern warfare to protect the civilians.

Since children are particularly vulnerable in armed conflicts, they are conferred legal protection under International law, like in the International Humanitarian Law and International Human Rights Law. Despite of international legislation, the situation of children remains critically worrying with numerous ongoing armed conflicts and instabilities globally. On the one hand, they are assumed special protection, yet on the other hand, they are commonly used as shields or forced into being combatants. The aim of the study is to outline legal areas of ambiguity or inadequacy in the legal framework and see whether they are sufficient in seeking to protect children in armed conflicts. Following relevant conceptual discussions on International Humanitarian Law and International Human Rights Law, the study employs a legal analysis in conjunction with a normative argumentation approach in reference to the works of various scholars. Based on the findings, I conclude that IHL and IHRL are often not adhered to, by state parties in armed conflicts due to a lack of binding power; hence such conventions do not produce the desired result. Since state parties are either in breach of the conventions, or have not yet ratified them, the conventions are not practically effective in protecting children.

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