The people v. the principle of legality in the People's Republic of China

Pepinsky, Harold E.

doi:10.1016/0047-2352(73)90006-8

Cited by 9 publications

(1 citation statement)

References 13 publications

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“…When political leaders order courts to harm the population, the principle of legality weighs its weight. It is expected that courts follow the principle of legality, and that court decisions express the highest degree of certainty and fairness of judgments (Pepinsky, 1973;Freitas, 2019;Torroja, 2016). The Third Geneva Convention, 1949, andits Additional Protocol I, 1977, defined internationally and legally who can be a prisoner of war and who is a mercenary.…”

Section: Introductionmentioning

confidence: 99%

The Legal Status of Alien Combatants in the Ukrainian Armed Forces Within the Context of the International Judicial Reality

Potočnik¹

2023

TIP

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The decision by the Council of Europe to ter minate the Russian Federation’s membership of the Council of Europe on 16 March 2022 makes the issue of legal certainty for aliens actively participating in the war in Ukraine as part of the Ukrainian Armed Forces completely unpredictable. The academic literature and the case law of the European Court of Human Rights in the field of the legal status of alien combatants is limited, and the International Criminal Court has not complet ed any cases on this topic. This article addresses the prin ciple of case law and, above all, the principle of legality with regard to aliens and their active participation in the armed forces of Ukraine. This issue has become cen tral since the Russian Federation may or may not grant these persons the status of prisoner of war according to the Third Geneva Convention, relating to Protocol I, or may characterise them as criminal offenders or terro rists. Keywords: aliens, combatants, mercenaries, prisoners of war, war, armed conflict, terrorists

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Section: Introductionmentioning

confidence: 99%