The continuing role of custom in the formation of international humanitarian law

Article Abstract:

The Red Cross plan to study customary international law, coupled with the 1995 International Criminal Tribunal for the Former Yugoslavia ruling in the Tadic case, indicate the influence of customary law on international humanitarian law. The Tribunal, in ruling on its jurisdiction over the Tadic case, held international war conventions, norms, prohibitions, and even criminal responsibility can be extended to internal armed conflicts through customary law. The Red Cross study will focus on international customary law of war as it relates to humanitarian issues arising in internal armed conflicts.

Interpretation and construction, Planning, Cases, War crimes, International law, International Committee of the Red Cross, Customary law

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Shakespeare's Henry the Fifth and the law of war

Article Abstract:

Shakespeare's 'Henry V' depicts important issues involved in the law of war. Shakespeare's account remains faithful to the historian Raphael Holinshed's version of the events, but differs in Henry's command to Exeter at the Siege of Harfleur to 'use mercy,' which Holinshed never mentions. The medieval idea of mercy which Shakespeare used developed into the modern law of war idea of the military being obligated to humanity. Shakespeare does not appear to have known of the sixteenth-century writers on 'jus gentium', or the just war, but their works delineate the legal philosophy of that time.

Analysis, History, Criticism and interpretation, Shakespeare, William, War (International law), Henry V (Play), Jus gentium (Roman law), Just war doctrine

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The Helms-Burton Act: exercising the presidential option

Article Abstract:

Pres Bill Clinton should suspend the provisions of the Helms-Burton Act that allow US nationals to sue foreign firms that use expropriated property in Cuba because the provisions are considered illegal by most other countries. Suits under the provisions would cause economic difficulties as foreign firms countersue outside of the US and would strain relationships between the US and the EC. Already the World Trade Organization has been involved and such a controversial issue could undercut its stability.

United States, Economic aspects, Social policy, Political aspects, Human rights, Cuba, Economic sanctions, Sanctions (International law)

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