Preliminary Pages

Oct 2021

Asia-Pacific Journal of International Humanitarian Law

2020 Edition

Foreword by Ms. Georgia Hinds, ICRC Regional Legal Adviser in the Pacific Preface by Prof. Rommel J. Casis, Managing Editor

Articles

Deciphering the Landscape of International Humanitarian Law in the Asia-Pacific by Dr. Suzannah Linton Crime and Omission:...

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Deciphering the Landscape of International Humanitarian Law in the Asia-Pacific

Oct 2021

By Dr. Suzannah Linton

The 70th anniversary of the adoption of the Geneva Conventions on 12 August 1949 provided an opportunity for reflection on international humanitarian law (IHL). This article continues that reflection and presents some fresh scholarship...

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Crime and Omission: Command Responsibility from Manila to Rome

Oct 2021

By Raphael Lorenzo A. Pangalangan

Philippine criminal law is commonly associated with positive conduct. The powers that be purport that having never ordered extra-judicial killings, liability cannot be incurred therefor. That view is mistaken. It ignores how both...

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Malaysia and the Rome Statute of the International Criminal Court: A Call for Ratification

Oct 2021

By Kelisiana Thynne and Fiona Barnaby

Malaysia recently withdrew its accession to the Rome Statute of the International Criminal Court citing constitutional and judicial concerns. This article discusses these concerns and the possible implications of the Rome Statute...

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Gunshot Wound Reporting Legislation in the Asia- Pacific Region: A Need to Ensure Better Consistency with IHL

Oct 2021

By Kelisiana Thynne and Sahar Haroon

This article builds upon a report compiled by the Swiss Institute of Comparative Law entitled, “Legal Opinion on the Obligation of Healthcare Professionals to Report Gunshot Wounds” covering 22 countries. The report...

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The Road to Ongwen: Consolidating Contradictory Child Soldiering Narratives in International Criminal Law

Oct 2021

By Jonathan Kwik

The trial of Dominic Ongwen, an ex-child soldier turned perpetrator, has attracted debate concerning the position of international criminal law (ICL) on perpetrators of war crimes with a complex background of childhood victimization. From some...

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Justice for Syrians Under the International Criminal Court: Applying the Myanmar Model of Territorial Jurisdiction for Cross-Border Crimes

Oct 2021

By Natasha Chabbra

The ongoing civil war in Syria has come at a great cost to the people of Syria who have been subjected to atrocities and violence. To date, there has been limited recourse for crimes against...

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Radio Silence: Autonomous Military Aircraft and the Importance of Communication for their Use in Peace Time and in Times of Armed Conflict under International Law

Oct 2021

By Dr. Eve Massingham

Aerial systems with autonomous functionality are not new. However, their prevalence, sizes, manoeuvrability and the altitudes at which they fly today have not been fully contemplated by the international legal frameworks for aircraft developed...

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Grey Zone Conflict in the South China Sea and Challenges Facing the Legal Framework for the Use of Force at Sea

Oct 2021

By Trang T. Ngo

The pursuit of maritime resources, especially in disputed maritime zones, has encouraged various States to engage in grey zone conflict to assert control over such areas on the one hand, and to obtain marine...

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Malaysia and the Rome Statute: Panel Discussion during the Margins of the IHL Moot Court Competition at the International Islamic University Malaysia on 12 October 2019

Oct 2021

By Dr. Jan Römer

Introduction For over ten years, Malaysia—including governmental officials—had been steeped in discussions on the ratification of the Rome Statute. Eventually, on 4 March 2019, the Malaysian government notified the United Nations of its accession to...

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