Autonomous Ethnic Cleansing in the Context of International Law Essay on International Law
Abstract. This chapter examines the challenges encountered in the successful implementation of the age-old principle of Aut Dedere Aut Judicare, especially in relation to terrorist acts such as under treaty law or under the Geneva Conventions. Against the backdrop of the emerging jurisprudence under international criminal law, one can certainly conclude that the claim that international criminal law can potentially contribute to the implementation of R2P has been facilitated by the decision to limit the scope of R2P to only what has become known. as 'mass atrocities', i.e. genocide, crimes against humanity, war crimes and ethnic cleansing, the crimes that few legal disciplines have developed as quickly as international environmental law, variously described as a 'special area', a 'new branch', or an emerging 'autonomous special area' of international law. Although some would dispute, or at least qualify, this claim to autonomy, primarily on the grounds that there is currently no general, international jurisprudence on the issue, it nevertheless points to the conclusion that ethnic cleansing can amount to genocide when carried out with genocidal intentions. In contrast, Croatian courts appear to have simply equated the intention to ethnically cleanse a particular area with the intention to destroy. For example Paul Torremans and JJ Fawcett eds, Cheshire, North amp Fawcett: Private International Law Oxford University Press, 15th edn, 2017, 3 “The raison d'tre of private international law is the existence in the world of a number of separate municipal legal systems, which differ greatly from each other in the rules by which they regulate. It is well known that international humanitarian law, IHL and human rights law are two different disciplines. IHL has a tradition that dates back at least to the century in which Henri Dunant began his action on behalf of war victims. has continuously grown and become richer, eventually reaching size. Concerns about the geographic and temporal scope of the “war on terror” are something raised in a recent Amnesty International report, which raises serious questions about the dependence on the Obama administration. about the “more permissive rules of international humanitarian law” in an attempt to justify their deaths. The theme of protecting the population from such serious atrocities as genocide, war crimes, ethnic cleansing and crimes against humanity was revisited by a UN Panel on Threats Challenges and Change, which published a subsequent report endorsing the emerging standard that there is an international responsibility to,