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Pablo Antonio Fernández-Sánchez

Abstract

International humanitarian law (IHL) is not the sole body of international law that applies in armed conflicts. Among the different legal bodies that may be subject to the simultaneous application during armed conflicts is refugee law. The questions considered in this article are the protection of refugees under IHL, including the right of non-refoulement during armed conflicts. The cumulative application of IHL and refugee law is another focus of analysis. This article deals with inter alia the reinforced extension of alien rights to refugees during armed conflict, the possibility to grant refugee status to new actors which appear during armed conflict, the obligation to disarm and separate armed elements, the forced transfer of refugees for military or humanitarian reasons, and the right of ex-combatants to be treated as civilian refugees once they have disarmed and their legal status can be determined.

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Pablo Antonio Fernández-Sánchez

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Pablo Antonio Fernández-Sánchez

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The New Challenges of Humanitarian Law in Armed Conflicts

In Honour of Professor Juan Antonio Carrillo-Salcedo

Edited by Pablo Antonio Fernández-Sánchez

This work represents an analysis of and a reflection on the new challenges of humanitarian law in armed conflicts. It covers the jurisprudential dimension not only of the International Court of Justice, but also all the different legal bodies, including the ad hoc tribunals created by the United Nations. It analyses the purely doctrinal dimension of general aspects such as the solutions to world disorder in this field, the relationship between jus in bello and jus ad bellum, the principles of universal and international jurisdiction, and the notion of justice and peace. More concrete aspects include the situation of foreigners and journalists in armed conflicts, terrorist acts in terms of international humanitarian law and sexual violence as a war crime.
Despite the range of themes addressed, they are all linked with the essential theme of the book, The New Challenges of Humanitarian Law in Armed Conflicts.
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Edited by Pablo Antonio Fernández-Sánchez

More than ever before International Humanitarian Law needs to find new solutions to new types of conflicts. The current state of the fight against terrorism is without doubt one of the new problems facing international society and one of the concerns of International Humanitarian Law.
This volume offers reflections on the international legal theory of terrorism, international responsibility, the obligation to prevent terrorist acts, terrorism in armed conflicts, the responses to terrorism by regional international organizations and the legal limits to the fight against terrorism.
The contributors consist of academics (and politicians) from Morocco, Algeria, Egypt, Tunisia, Lebanon and Israel, as well as from Spain, Italy, France, the United Kingdom, Switzerland and a representative for the Organisation of American States. The book thus contains a wide, multidisciplinary debate, with an emphasis on a Mediterranean perspective.
In addition to examining all aspects of international terrorism, the objective of the symposium which gave rise to these essays was to establish some guidelines, in the form of a Declaration, to serve as the basis for the UN’s High Level Group for the Alliance of Civilisations on the subject of international terrorism. This overall objective was achieved with the adoption of the Huelva Declaration for an Alliance of Civilisations against Terrorism, the text of which is included at the end of this book.
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Pablo Antonio Fernández-Sánchez

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Pablo Antonio Fernández-Sánchez

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Pablo Antonio Fernández-Sánchez