Making and Shaping the Law of Armed Conflict
Sandesh Sivakumaran (ed.), Captain Christian R. Burne (ed.)
Published:
2024
Online ISBN:
9780197775165
Print ISBN:
9780197775134
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Making and Shaping the Law of Armed Conflict
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Yousuf Syed Khan
Pages
221–246
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Published:
May 2024
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Khan, Yousuf Syed, 'Applying and Interpreting the Law of Armed Conflict: Contributions by the UN Commissions on the Syrian Arab Republic and the Republic of South Sudan', in Sandesh Sivakumaran, and Captain Christian R. Burne (eds), Making and Shaping the Law of Armed Conflict, The Lieber Studies Series (
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Abstract
Over the past twenty-two years, the United Nations has relied on a series of mandated mechanisms to investigate and respond to periods of uprising, conflict, and post-conflict contexts (“atrocity inquiries”). These mechanisms regularly consider questions of law, including by publicly applying and interpreting the law of armed conflict (LOAC). Sometimes they are the first international bodies to consider certain issues. The Syria Commission of Inquiry, for example, was the first UN-mandated mechanism to consider (1) the forced displacement of unsympathetic populations as a warring strategy after prolonged siege warfare; and (2) unlawful internment through battlefield detention perpetrated by a non-State armed group under the guise of camps for internally displaced persons. Similarly, the South Sudan Commission was the first mechanism to dedicate a comprehensive report to starvation as a method of warfare in the context of a non-international armed conflict.Beyond simply applying and interpreting the LOAC publicly, when UN Human Rights Council mechanisms share their underlying information with courts in particular, the information “shows their work” and can serve as a rubric for how the mechanism had viewed the elements of crimes and therefore how it viewed the application of the LOAC. Upon receiving this underlying information and evidence, especially the interviews conducted, judicial verdicts may later be reached relying on them. Through judicial decisions and their status as subsidiary means for the determination of rules of law, it is by sharing their underlying work that atrocity inquires have the more concrete potential to shape and influence the LOAC.
Keywords: commission of inquiry, Syrian Arab Republic, Syria, forced displacement, internment, South Sudan, starvation as a method of warfare, human rights, International Criminal Court, ICC
Subject
Public International Law
Collection: Oxford Scholarship Online
Yousuf Syed Khan, Applying and Interpreting the Law of Armed Conflict: Contributions by the UN Commissions on the Syrian Arab Republic and the Republic of South Sudan In: Making and Shaping the Law of Armed Conflict. Edited by: Sandesh Sivakumaran and Christian R. Burne, Oxford University Press. © Yousuf Syed Khan 2024. DOI: 10.1093/oso/9780197775134.003.0011
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