tailieunhanh - Law in Times of Crisis Part 9

Trường hợp khẩn cấp đe dọa cuộc sống và an ninh của nhà nước, trong đó luật pháp quốc tế nhân quyền áp dụng bất kỳ miễn tuân thủ phép hợp với đầy đủ các yêu cầu nội dung và thủ tục cản trở. | terrorism and law interface 385 2. An emergency that threatens the life and security of the state in which international human rights law applies subject to any allowable derogations that fully comport with the substantive and procedural requirements of derogation. This is most likely to occur in tandem with modes of domestic legislative accommodation. 3. An armed conflict where both international human rights law and international humanitarian law may apply simultaneously though the latter will constitute the lex specialis 59 suggesting another format for an international model of accommodation. 4. An Extra-Legal Measures context where ex post accountability legal and otherwise is sought for unlawful acts by state actors. We argue that a useful means to conceptualize the relationships between the first three regimes is to think in terms of the principle of complementarity. What we hope to demonstrate is that the legal regimes that apply to crisis situations terrorist or otherwise need not be static in nature and that movement between them is both a practical reality and a legal imperative to ensure the maximum responsiveness of legal systems to exigencies. The emphasis of analysis in this context is on the constitutional models of emergency regimes. The principle of complementarity has come to play a critical role in the advancement of international criminal law 60 specifically in its regulation of the relationship between international and national jurisdiction over specific crimes and individuals. It contains the expression of the idea that national law and international law play mutually reinforcing and complementary roles in the context of international crimes. The concept is a useful way to think about how the regulation of terrorism can move between the accommodation and Business as Usual models. Regulation may therefore be dependent on the scale of the terrorist action or its increased intensity and most importantly reflects that the regulation of .