5.1 The Basics of International Humanitarian Law[1] What is international humanitarian law? International humanitarian law (IHL) is a set of rules which seek‚ for humanitarian reasons‚ to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare by prohibiting weapons that make no distinction between combatants and civilians or weapons and methods of warfare which cause unnecessary
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Concept of Criminal Law -3 A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences‚ be prescribed in the same law that defines the crime‚ be administered intentionally‚ and be administered by the state. What are the purposes of criminal punishment? What is burden of proof in a criminal case? Who must meet this burden of proof? Who has the burden
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various cases that need to be considered to assess a crime along with a thorough explanation of corporate liability. Elements of Crime When proving that the defendant is guilty‚ there are two elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which is basically what the defendant has done and not done. Actus Rea can be: Voluntary act A failure to act A state of affairs An act (Voluntary
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1. What are the sources of international law? Sources of international law help us understand what constitutes international law‚ and how international law is created. It refers to where states‚ organizations‚ individuals and the courts can finds principles of international law. Sources of international law can be divided into two main types‚ which are the primary sources and the subsidiary sources. The article 38 of the statute of the international court of justice establishes the five main sources
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SUBJECTS OF INTERNATIONAL LAW - STATES I. Traditional Subjects of International Law A. States In addition to controlling territory‚ States have lawmaking and executive functions. States have full legal capacity‚ that is‚ they have the ability to be vested with rights and to incur obligations. B. Insurgents Insurgents are a destabilizing factor‚ which makes States reluctant to accept them‚ unless they show some of the attributes of sovereignty (e.g. control of a defined territory). Their
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International Law and Terrorism Some ‘Qs & As’ for Operators By Colonel Charles J. Dunlap‚ Jr.‚ USAF * The events of 11 September 2001 present military lawyers—like the rest of the U.S. armed forces—with a variety of new challenges. Indeed‚ the war on terrorism raises complex legal issues (not the least of which is whether it is a “war” at all!). As difficult as it may be to determine what law applies to a particular question‚ the even more challenging task is to translate the legal analysis
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LAW 209 FINAL EXAM MAY 18‚ 2012. PROF. URIEL INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22‚ 2012. THE EXAM IS OPEN BOOK‚ BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal
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Criminal Law Foundations Evaluations University of Phoenix CJA/484 January 8‚ 2013 Introduction The United States Constitution was created to establish the new government after the colonies and early settlers broke free from the reign of England. This document established the foundation of the federal government that still stands today. The Constitution is focused on providing both liberty and prosperity to citizens of the new state (U.S. Const. pmbl.‚ 1787). In an effort to avoid
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Student Handout 3.1 - The Difference Between Civil Law and Criminal Law When is a legal problem criminal and when is it civil? What difference does it make whether it is criminal or civil? One way of looking at criminal law is that it is dealing with something of public interest. For example‚ the public has an interest in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders
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1. Reflect on Art. II‚ Sec. 2 of the 1987 Phil. Constitution. Are customary laws automatically followed by the Philippines? Explain. (200 words) As stated in Art II‚ Sec. 2 of the 1987 Philippine Constitution “The Philippines renounces war as an instrument of national policy‚ adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace‚ equality‚ justice‚ freedom‚ cooperation‚ and amity with all nations.” a war that is renounced
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