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Showing papers by "KIMEP University published in 2022"


Book ChapterDOI
Sergey Sayapin1
01 Jan 2022
TL;DR: In this paper, the authors argue that the efficiency of those provisions is weakened by procedural shortcomings inherent in particular in the operation of the UN Security Council, and that until a comprehensive reform of the United Nations eliminates those procedural deficiencies, the General Assembly and the International Court of Justice should be more active in maintaining international peace and security, and reacting to threats to the peace, breaches of peace and acts of aggression.
Abstract: Contemporary international law contains quite adequate substantive rules aimed at the prevention and suppression of State acts of aggression but the efficiency of those provisions is weakened by procedural shortcomings inherent, in particular, in the operation of the UN Security Council. Until a comprehensive reform of the United Nations eliminates those procedural deficiencies, the General Assembly and the International Court of Justice should be more active in maintaining international peace and security, and in reacting to threats to the peace, breaches of peace and acts of aggression. An important role in the maintenance of international peace and security is played by regional security organisations, as well as by international organs and institutions monitoring compliance, in particular, with international human rights law, international humanitarian law, the law of the sea, and environmental law. By contrast, despite the formal activation of the International Criminal Court’s jurisdiction with respect to the crime of aggression as of 17 July 2018, the Court is unlikely to prosecute individuals for the crime of aggression, and domestic prosecutions or, potentially, prosecutions by the African Court of Justice and Human and Peoples’ Rights are more likely.

1 citations


Book ChapterDOI
Linda C. Hodges1
18 Mar 2022
TL;DR: In this article , the authors argue that societal attitudes towards human rights should shift from perceiving the concept as “Western” and “alien to local cultures” to more constructive paradigms.
Abstract: Ever since the disintegration of the Soviet Union in 1991, “human rights” has been a contentious phrase in the States of post-Soviet Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan). Whereas all Central Asian States are parties to the major multilateral human rights instruments, important human rights problems persist. Issues such as the rule of law, gender inequality, domestic violence, freedom of the press or electoral rights are particularly acute. Progress was made in overcoming the Soviet legacy of the human rights nihilism in a few areas but the Central Asian States still have a way to go to improve their human rights records. National human rights institutions should be accorded real powers. The quality of dialogue between governments and civil society should improve. Ultimately, societal attitudes towards human rights should shift from perceiving the concept as “Western” and “alien to local cultures” to more constructive paradigms.

1 citations


Book ChapterDOI
Zhaosong Huang1
01 Jan 2022

Book ChapterDOI
01 Jan 2022


Book ChapterDOI
Ivan Löbl1
01 Jan 2022

Book ChapterDOI
Alfredo Morabia1
01 Jan 2022


Book ChapterDOI
Morgan Fillipo1
01 Jan 2022

Book ChapterDOI
01 Jan 2022
TL;DR: The degree of institutionalization of the religious group, as well as religious authority and relations of authority within the group is an element to which courts and law operators are giving an increasing importance in order to evaluate that responsibility and accountability of a religious organization, as evidenced by civil litigation for sex abuse by clergy as discussed by the authors .
Abstract: There is an enormous body of literature highlighting the relevance of religion and religious actors in international relations, as well as their potential as a catalyst for peace and conflict. However, the responsibility and accountability of religious actors for the wrongful acts of their members has not received so much attention. The degree of institutionalization of the religious group, as well as religious authority and relations of authority within the group is an element to which courts and law operators are giving an increasing importance in order to evaluate that responsibility and accountability of the religious organization, as evidenced by civil litigation for sex abuse by clergy. However, it must be taken into account that religious authority and religious organizational structures depend heavily on the beliefs of the community. Therefore, those beliefs must be examined closely.


Book ChapterDOI
01 Jan 2022
TL;DR: The Holy See responded that it did not have such extraterritorial obligations and that its position as supreme governing body of the Church did not allow it to inappropriately interfere in the internal life of local churches and of the states where the churches were located as discussed by the authors .
Abstract: From 2014 to 2016, several reports issued by United Nations Treaty Bodies made some very severe criticisms about what they saw as the deficient fulfilment of the obligations that the Holy See had as a party to human rights treaties. In particular, these treaty bodies insisted that the Holy See, as supreme governing body of the Catholic Church, had international obligations of an extraterritorial nature and that it had to discharge those duties making sure that local churches all over the world aligned their actions and teachings with the protection of human rights. In light of the scandals of child abuse, the Treaty Bodies argued that those extraterritorial obligations had been breached. The Holy See responded that it not only did not have such extraterritorial obligations but that its position as supreme governing body of the Church did not allow it to inappropriately interfere in the internal life of local churches and of the states where the churches were located. This chapter is a contribution to the understanding of the human rights obligations of religious actors.

Book ChapterDOI
Linda C. Hodges1
01 Jan 2022
TL;DR: In this article , the International Committee of the Red Cross (ICRC) examines how the ICRC may use IHRL in its humanitarian action in conjunction with international humanitarian law.
Abstract: Until the mid-2000s, the International Committee of the Red Cross (ICRC) was quite conservatively refraining from invoking international human rights law (IHRL). However, the changing character of armed conflicts and other situations of political violence where the ICRC operates led it to set an institutional normative framework for making some limited use of selected “non-derogable” human rights, for the purpose of reinforcing protection and improving the quality of assistance it provides. This chapter examines how the ICRC may use IHRL in its humanitarian action in conjunction with international humanitarian law.


Book ChapterDOI
01 Jan 2022

Book ChapterDOI
Linda C. Hodges1
01 Jan 2022
TL;DR: Transnational and international criminal law are bodies of law regulating cooperation between States, as well as between States and various institutions of international criminal justice, in the prevention, prosecution and punishment of individuals for transnational, international and international crimes as mentioned in this paper .
Abstract: Transnational and international criminal law are bodies of law regulating cooperation between States, as well as between States and various institutions of international criminal justice, in the prevention, prosecution and punishment of individuals for transnational and international crimes. Ever since the Nuremberg and Tokyo trials after the Second World War, both transnational and international criminal law developed into full-scale branches of law dealing with the substantive and procedural aspects of combating such crimes as genocide, crimes against humanity, war crimes and other international and transnational crimes. The penalisation of the crime of aggression has been relatively less successful. In 2002, a permanent International Criminal Court (ICC) was established but it does not yet enjoy universal support, and alternative regional formats such as the Malabo Protocol are contemplated. With due regard to the principle of complementarity, the indirect enforcement of international criminal law and transitional justice mechanisms will remain continually significant.

Book ChapterDOI
01 Jan 2022