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CNAA / Theses / 2009 / June /

“International Protection of Human Rights in Armed Conflicts


Author: Balan Oleg
Degree:doctor habilitat of law
Speciality: 12.00.10 - International Public Law
Year:2009
Scientific consultant: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution: Institute of History of the ASM
Scientific council: D 15-12.00.10
Institute of History of the ASM

Status

The thesis was presented on the 12 June, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document0.63 Mb / in romanian

Thesis

CZU 341.231.14(043.2)

Adobe PDF document 1.82 Mb / in romanian
213 pages


Summary

This Thesis is a scientific study of legal nature in the area of international humanitarian law. The aim of international humanitarian law, in an objective sense, is not to prevent war, but to reduce its destructive outcomes, to mitigate the sufferings it causes and to eliminate unnecessary damage and losses, so to ensure human rights protection in case of armed conflict.

The search on origin and evolution of international law shows that firstly there were the rules of humanitarian protection in the event of war. In the second half of the nineteenth century, on the basis created by the humanitarian law, international law is beginning to consistently concern with the issue of human rights. Today, what indissolubly unites the two branches of international law (international humanitarian law and international human rights law) is the common sole purpose of protecting the individual through imperative rules for reasons of humanity, the way of their app lication being what distinguishes them.

Taking into account the topi cality of this theme, the complexity and multilateral character of the investigation in question, the aim proposed was to establish and comprehensively research the international regulations, particularly those of international humanitarian law, through the modalities of international protection of human rights during armed conflicts.

Depending on the aim pursued, the author tries to show that there are various ways to protect human rights during armed conflicts, namely: • immediate protection of certain categories of persons or goods in case of armed conflict, ascribing to this the protection of the sick and the wounded, the castaway, humanitarian protection of prisoners of war, protection of cultural goods, of civilian population and civilian persons in the event of armed conflict.

• ensuring human rights by banning or limiting the use of certain means and methods of fighting and reduction of armaments.
• human rights protection through prevention and repression of war crimes, crimes against humanity and genocide in armed conflicts.
Particular attention in the paper is given to the institution of international responsibility and the role of the International Committee of the Red Cross in delivering humanitarian protection.

In the context of reviewing the methodological, theoretical and scientific basis, the author comes up with conclusions and proposals to improve the legislative framework in the field.