Rule of Law in Armed Conflicts Project 'RULAC PROJECT'
 
 
 
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Qualification of armed conflicts 
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The Rule of Law in Armed Conflicts Project is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of international law in armed conflict. Through its global database and analysis, the Project aims ultimately to report on every concerned State and disputed territory in the world, considering both the legal norms that apply as well as the extent to which they are respected by the relevant actors.

NEWS

Towards an Arms Trade Treaty: ATT Process 

International Criminal Court: First Review Conference of the Rome Statute adopts Definition of Aggression and Adds Use of Certain Weapons in Non-international Armed Conflict to Court's Jurisdiction

On 11 June 2010, the first Review Conference of the Rome Statute of the International Criminal Court ended in Kampala, Uganda, after meeting for two weeks. The Conference adopted a definition of aggression based on the definition contained in UN General Assembly resolution 3314 (XXIX) of 14 December 1974, and in this context agreed to qualify as aggression a crime committed by a political or military leader which, by its character, gravity and scale constituted a manifest violation of the Charter. As regards the Court’s exercise of jurisdiction, the Conference agreed that a situation in which an act of aggression appeared to have occurred could be referred to the Court by the Security Council, acting under Chapter VII of the United Nations Charter, irrespective as to whether it involved States Parties or States not party.

The Review Conference agreed to authorize the Prosecutor, in the absence of such determination, to initiate an investigation on his own initiative or upon request from a State Party. In order to do so, however, the Prosecutor would have to obtain prior authorization from the Pre-Trial Division of the Court. Also, under these circumstances, the Court would not have jurisdiction in respect to crimes of aggression committed on the territory of States not party or by their nationals or with regard to States Parties that had declared that they did not accept the Court’s jurisdiction over the crime of aggression.

The Conference also adopted a resolution by which it amended Article 8 of the Rome Statute to bring under the jurisdiction of the Court the war crime of employing certain poisonous weapons, expanding bullets, and asphyxiating or poisonous gases, and all analogous liquids, materials and devices, when committed in armed conflicts not of an international character. The use of these weapons had previously only come under the Court's jurisdiction when committed in an international armed conflict.

   
 
Recent developments
Judicial decisions
Khmer Rouge Trials -- Former Khmer Rouge leader Mr. Kaing Guek Eav (Comrade Duch) found guilty of crimes against humanity by the Extraordinary Chambers in the Courts of Cambodia (ECCC).


Other
Archive of classified military documents containing some 92,000 military incident and intelligence reports used by the US military in the Afghan war leaked on 25 July 2010

Judicial decisions
On 22 July 2010, the International Court of Justice ruled that Kosovo's declaration of independence was not in violation of any applicable rule of international law.

Judicial decisions
U.S. Supreme Court Upholds Right to Bear Arms Nationwide
In the case MCDONALD ET AL. v. CITY OF CHICAGO, ILLINOIS, ET AL., the Supreme Court extended its 2008 ruling in the District of Columbia v. Heller case that "the Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home." The 2008 decision applied only to federal laws and federal enclaves such as Washington; with this new decision, it is the first time the court interpreted that there was an individual right to gun ownership rather than one related to military service.


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Friday, 30 July 2010
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