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  • von Martin Nimbom
    16,95 €

    Essay from the year 2023 in the subject Politics - Topic: Public International Law and Human Rights, , language: English, abstract: The Foundation upon which international humanitarian law is built is a careful balance between military necessity and humanitarian consideration. Military Necessity allows a state party to an armed conflict to attack military targets and military operatives, while humanitarian consideration obliges warring parties to distinguish military objects and combatants, from civilian objects and population, while maintaining proportionality.This research examines the complex issue of reconciling military necessity and humanitarian considerations within the context of the Israeli-Hamas armed conflict. The conflict between Israel and Hamas has been characterized by intense military operations, hideous and blatant violations of human rights, international humanitarian norms, and customary international law, which has had a significant impact on the civilian population in both territories. This study aims to address the current events in the Israeli-Hamas conflict, and to analyze their implications on international humanitarian law (IHL), human rights and international criminal law. By analyzing the legal framework, ethical dilemmas, and practical implications, this research provides an insight into the complexities of the conflict and the dilemma of establishing a harmonious relationship between military necessity and humanitarian concerns.

  • von Martin Nimbom
    16,95 €

    Essay from the year 2023 in the subject Politics - Topic: Public International Law and Human Rights, , language: English, abstract: The law of recourse to force has changed dramatically over the last centuries. The concept of self-defense plays a fundamental role in international relations, shaping the interactions between states and defining the boundaries of acceptable behavior in the global arena. This research endeavors to delve into the complexities surrounding the application and interpretation of the principle of self-defense. By examining historical case studies, international legal frameworks, and contemporary geopolitical events, this study aims to shed light on the multifaceted dimensions of self-defense and the delicate balance between state sovereignty and collective security.The research begins by analyzing the evolution of ¿force¿ and self-defense norms and doctrines, tracing their origins from customary international law to the modern legal framework established by the United Nations. It equally investigates the category of force for which self-defense becomes permissible. Furthermore, this research examines critically the debate on the boundaries of self-defense, and questions whether existing legal frameworks adequately address this contemporary challenge.By exploring these intricate dynamics, this research aims to contribute to the ongoing discourse on self-defense, especially in the light of Russiäs special military operation in Ukraine, and to provide insights into the evolving nature of international law and norms. It seeks to stimulate further dialogue among policymakers, legal experts, and scholars, with the ultimate goal of fostering a more nuanced understanding of self-defense and its implications for global peace and stability.

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